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HomeMy WebLinkAbout2008-12-17; Planning Commission; ; CDP 05-34|SUP 05-08 - EUCALYPTUS ESTATESThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 17, 2008 Application complete date: May 5, 2006 Project Planner: Shannon Werneke Project Engineer: Tecla Levy SUBJECT: CDF 05-34/SUP 05-08 - EUCALYPTUS ESTATES - Request for approval of a Coastal Development Permit and a Special Use Permit for the subdivision of a 0.94-acre lot into two single-family lots, including one panhandle lot, generally located on the west side of El Camino Real and the east side of Eucalyptus Lane, within the Mello II segment of the City's Local Coastal Program and in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 6515 and 6516 APPROVING Coastal Development Permit CDP 05-34 and Special Use Permit SUP 05-08, based on the findings and subject to the conditions contained therein. II.INTRODUCTION The proposed project consists of a Coastal Development Permit (CDP) and a Special Use Permit (SUP) to subdivide a 0.94-acre parcel into two single-family lots, one of which is designed as a panhandle lot. There are no unresolved issues and the staff recommendation for approval with conditions is supported by the following analysis. III. PROJECT DESCRIPTION AND BACKGROUND The subject property is located in between El Camino Real to the east and Eucalyptus Lane to the west and is currently developed with a single-story, single-family residence on the northern portion of the lot which is proposed to remain. Access to the site is currently taken from a private driveway off of Eucalyptus Lane. The proposed project entails a request to subdivide a 0.94-acre parcel into two single-family residential lots. The proposed lot sizes for Parcels 1 and 2 are 28,222 and 12,636 square feet (gross), respectively. The project also includes frontage and median improvements to El Camino Real. The subject proposal does not include a request to construct an additional home; therefore, no grading is proposed at this time. A separate Coastal Development Permit will be required for the development of proposed Parcel 2. Adjacent development to the south includes a recently-developed minor subdivision comprised of four lots, an existing single-family home, and three new single-family homes. A recently- approved three-lot subdivision is located to the north. Agricultural fields and the Robertson Ranch, a master-planned community, are located on the east side of El Camino Real. An existing neighborhood of single-family homes is located immediately west of the project site. CDP 05-34/SUP 05-08 - EUCALYPTUS ESTATES December 17, 2008 Page 2 Site topography consists of a gentle slope that rises steadily to the east from Eucalyptus Lane and crests just above El Camino Real. From there, the slope drops sharply to El Camino Real. The crest of the slope is approximately 20 feet higher than both Eucalyptus Lane and El Camino Real. The steep slope as well as the rest of the site are characterized as disturbed habitat and feature no significant or sensitive vegetation or animals. The 0.94-acre project site is generally similar in size, topography, and vegetation as the adjacent lots to the north and south. The request to subdivide the property into two lots requires a Coastal Development Permit and Special Use Permit, both of which are subject to Planning Commission approval. The project requires a SUP since the parcel has frontage on El Camino Real. The SUP implements the El Camino Real Corridor Standards, which regulate the building height, landscaping, and setbacks. A Coastal Development Permit is also necessary as the project is located within the Mello II segment of the Local Coastal Program. Because the proposed subdivision contains four or fewer lots, it is considered to be a Minor Subdivision and can be approved administratively by the City Engineer. Consequently, the Minor Subdivision (MS 05-14) filed with the City Engineer is contingent upon the approval of the associated Coastal Development Permit and Special Use Permit. IV. ANALYSIS The proposed project is subject to the following regulations: A. General Plan Residential Low-Medium (RLM) land use designation; B. Residential Agricultural Zone, 10,000 sq ft lot size minimum (R-A-10,000) (Chapter 21.08 of the Carlsbad Municipal Code); C. Local Coastal Program (LCP) Mello II Segment and Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code); D. El Camino Real Corridor Development Standards (Chapter 21.40 of the Carlsbad Municipal Code); E. Habitat Management Plan (Chapter 21.210 of the Carlsbad Municipal Code); F. Inclusionary Housing Ordinance (Chapter 21.85 of the Carlsbad Municipal Code); G. Subdivision Map Act and City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code); and H. Growth Management regulations (Chapter 21.90 of the Carlsbad Municipal Code). Staff developed its recommendation of approval for the Coastal Development Permit and Special Use Permit by analyzing the project's consistency with the applicable City regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The General Plan Land Use designation for the subject property is Residential Low-Medium Density (RLM). The RLM designation allows for low- medium density residential development (0-4 du/ac) at a Growth Management Control Point (GMCP) of 3.2 du/ac. The GMCP is used for the purposes of calculating the City's compliance with Government Code Section 65584. At the RLM GMCP, 2.52 dwelling units (2 units when rounded down) could be developed on this CDP 05-34/SUP 05-08 - EUCALYPTUS ESTATES December 17, 2008 Page 3 0.79-acre (net developable) property. The proposed two-lot subdivision has a density of 2.53 du/ac, which falls within the RLM density range of 0-4 du/ac; however, it is 0.52 dwelling units below the GMCP of 3.2 du/ac. Pursuant to Government Code Section 65863, the City may not reduce the residential density on any parcel below that which was used by the California Department of Housing and Community Development in determining compliance with Housing Element law, unless the City makes the findings that the reduction of residential density is consistent with the adopted General Plan, including the Housing Element, and that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584. The project is consistent with the City's General Plan since the proposed density of 2.53 du/ac is within the RLM range of 0-4 du/ac as specified for the site. The project's proposed density of 2.53 du/ac is 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 65584. However, consistent with Program 3.8 of the City's Certified Housing Element, all of the dwelling units which were anticipated towards achieving the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects; thus, there is no net loss of residential unit capacity. Accordingly, this project will deposit a fraction (0.52) of a dwelling unit into the Excess Dwelling Unit Bank. Therefore, there is no net loss of residential unit capacity. In addition, 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 all elements of the General Plan as illustrated in Table A below: TABLE A - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROJECT COMPLIANCE? Land Use Develop areas designated Residential Low-Medium with single-family uses at a range of 0 to 4 du/ac. 2.52 single-family dwelling units could be constructed on the site at the GMCP (0.79 acres x 3.2 du/ac). Two single-family lots are proposed. The project's density of 2.53 du/ac is within the RLM density range of 0-4 du/ac and 0.52 dwelling units will be deposited into the City's Excess Dwelling Unit Bank. Yes CDP 05-34/SUP 05-08 - EUCALYPTUS ESTATES December 17, 2008 PaRe4 TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROJECT COMPLIANCE? Housing Provision of affordable housing. Prior to the issuance of a building permit for the development of a home on Parcel 2, the payment of an inclusionary housing in-lieu fee for one (1) dwelling unit will be required. Yes Public Safety Ensure adequate fire and emergency services. The project site is within a 5- minute response of Fire Station No. 3. 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 site is previously-disturbed and without sensitive habitat. Accordingly, it would not impact any sensitive resources. The project is conditioned to comply with all NPDES requirements. Yes Noise Comply with the residential exterior and interior noise standards of 60 CNEL and 45 CNEL, respectively. The project site is impacted by noise from El Camino Real traffic. While no development beyond the subdivision of the property is proposed at this time, the construction of any home in the future will be required to comply with the standards outlined in the Noise Guidelines Manual. Yes CDP 05-34/SUP 05-08 - EUCALYPTUS ESTATES December 17,2008 PageS TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROJECT COMPLIANCE? Circulation Require new development to construct roadway improvements needed to serve proposed development. Enhance scenic quality of roadways. Each parcel will take access from a private driveway off of Eucalyptus Lane. The project is conditioned to provide full half-width improvements to El Camino Real, including a median, to Prime Arterial standards. The applicant may request to pay a fair share contribution to the City for the El Camino Real frontage and median improvements. The approval of such request is at the discretion of City Council. The anticipated development of El Camino Real along the project's frontage will include full median landscape, hardscape, and irrigation improvements. Yes B. Residential Agricultural Zone (Chapter 21.08 of the Carlsbad Municipal Code) The Zoning designation for the property is Residential Agricultural with a minimum lot size of 10,000 square feet (R-A-10,000). The proposed project meets or exceeds all applicable requirements of the R-A Zone as demonstrated in Table B below. In particular, the table demonstrates how the project's panhandle lot (proposed Parcel 1) meets the specific standards for such lots pursuant to CMC Section 21.08.080. TABLE B - R-A-10,000 ZONE COMPLIANCE STANDARD Minimum lot area: 10,000 square feet (sq.ft.) Minimum lot width: 75 feet. Lot coverage: 40% maximum PROPOSED Parcel 1: 28,222 sq. ft. (gross) Parcel 2: 12,636 sq. ft. (gross) Parcel 1: 133 feet Parcel 2: 84 feet Parcel 1: 11% COMPLIANCE? Yes Yes Yes CDP 05-34/SUP 05-08 - EUCALYPTUS ESTATES December 17,2008 Page 6 TABLE B - R-A-10,000 ZONE COMPLIANCE CONTINUED STANDARD PROPOSED COMPLIANCE? Panhandle lot minimum buildable area: 10,000 sq.ft. Parcel 1: 24,591 sq.ft.Yes Panhandle lot minimum width of "stem" for a single lot: 20 feet. Parcel 1: 22.3 feet Yes Panhandle lot maximum "stem" length for a single lot: 150 feet. Parcel 1: 136.74 feet Yes Setbacks: • Front: 20 feet • Side: 10% of lot width; 10 feet maximum • Rear: Twice the required side yard Although no new structures are proposed, the tentative map exhibit shows complying setbacks for each lot (please note that the El Camino Real Corridor Development Standards, discussed in Table D below, also has setback standards). Yes Minimum panhandle lot parking requirements: 3 non-tandem parking spaces with adequate approach and turnaround area. The proposed panhandle lot (i.e. Parcel 1) has adequate room along the eastern side of the lot as well as in the existing attached two-car garage to meet this standard. Yes. Circumstances that must exist to approve a panhandle lot: • The property cannot be served adequately with a public street without a panhandle lot due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration; and • Panhandle lot will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property. Because of the lot's depth (over 340 feet) and linear configuration, subdivision of the property into two lots, as the General Plan designation allows, is only possible through a panhandle lot design. Further, property access to the site is allowed only from Eucalyptus Lane as El Camino Real is designated as a Prime Arterial road. The adjacent properties to the east and west have been developed and/or subdivided. Therefore, full access to other properties would be maintained. Yes C. Local Coastal Program (LCP) Mello II Segment and Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code) Local Coastal Program (LCP) Mello II Segment As Table C identifies below, the proposed project is consistent with the Mello II Segment of the LCP, which contains land use policies for development and conservation of coastal land and water areas within its boundaries. CDP 05-34/SUP 05-08 - EUCALYPTUS ESTATES December 17,2008 Page? TABLE C - LOCAL COASTAL PROGRAM COMPLIANCE STANDARD Land Use Agricultural preservation Sensitive habitat Geologic stability Erosion control and storm water quality Public views Coastal access Adequate parking Slopes > 25% Gradient PROJECT The project's two single-family residential lots with a density of 2.53 du/ac and minimum lot size of 1 0,000 square feet, comply with the property's LCP land use designation of RLM (0-4 du/ac) and zoning of R- A- 10,000 (Residential Agriculture, minimum 10,000 square foot lot size). The project site is not being farmed, is not identified as important farmland, and is not subject to the Coastal Agriculture Overlay Zone. The site contains no significant environmentally sensitive habitats, water or marine resources. A steep slope encumbers the eastern portion of the proposed Parcel 1, situated in between the existing single-family home and El Camino Real. Pursuant to the Slope Evaluation Survey (SCST, April 4, 2006), although there is on- going surficial failure of the slope, the existing home meets the minimum factor of safety. In addition, no physical development beyond the subdivision of the property is proposed at this time. The project has been conditioned to implement the NPDES standards to ensure the quality of the water leaving the site; grading and planting of the steep, eroding slope along El Camino Real will improve erosion control. There are no public views of the coastline or the ocean possible in the project vicinity. The project would not preclude coastal access or recreational opportunities as it is not located near any shoreline. The project meets the parking requirements of the Zoning Ordinance. No natural slopes meeting this gradient exist on-site. COMPLIANCE? Yes Yes Yes Yes Yes Yes Yes Yes Yes CDP 05-34/SUP 05-08 - EUCALYPTUS ESTATES December 17, 2008 Page 8 Coastal Resource Protection Overlay Zone The project is also consistent with the provisions of the Coastal Resource Protection Overlay Zone (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. As indicated above, although there is on-going surficial failure of the slope in between El Camino Real and the existing single-family home, the existing home meets the minimum factor of safety. In addition, no physical development beyond the subdivision of the property is proposed at this time. The parcel contains no native vegetation and is not located in an area susceptible to accelerated erosion, floods or liquefaction. D. El Camino Real Corridor Development Standards (Chapter 21.40 of the Carlsbad Municipal Code) The El Camino Real corridor is designated as a scenic corridor. In recognition of this designation, the City adopted the El Camino Real Corridor Development Standards, which require a Special Use Permit for development in the corridor, including the proposed subdivision. The intent of the El Camino Real Corridor Development Standards is to "...maintain and enhance the appearance of the El Camino Real roadway area." The subject parcel is located within Area 3 of the Corridor Development Standards, which identifies this area as a low intensity residential area. Table D below illustrates how the project is consistent with the intent as well as the applicable standards for the El Camino Real Corridor. TABLE D - EL CAMINO REAL CORRIDOR COMPLIANCE AREA 3 STANDARDS PROJECT COMPLIANCE? Maintain and enhance the roadway appearance. Pursuant to the Engineering conditions for MS 05-14, future improvements to El Camino Real will include a full median, landscape, hardscape, and irrigation. Yes Maintain low intensity, rural residential character. The project's density of 2.53 du/ac is within the RLM density range of 0-4 du/ac. Additional contributors to the desired low intensity includes the following: (1) only one lot (Parcel 1) is adjacent to El Camino Real; (2) the project does not impact scenic views along El Camino Real as the existing adjacent 20-foot-tall road cut slope does not afford any scenic views; and (3) the existing adjacent development on Parcel 1 will screen a large portion of any future development proposed on Parcel 2. Yes CDP 05-34/SUP 05-08 - EUCALYPTUS ESTATES December 17, 2008 Page 9 TABLE D - EL CAMINO REAL CORRIDOR COMPLIANCE CONTINUED AREA 3 STANDARDS PROJECT COMPLIANCE? Provide median island and parkway landscaping consistent with standards. The future improvements to El Camino Real will be consistent with Corridor standards. Yes Building height: a) Within 100 feet of El Camino Real (ECR) ROW: 15 feet high; b) 100-200 feet from ECR: 25 feet high; and c) 200-300 feet from ECR: 35 feet high for properties located outside of the coastal zone (**) **Because the property is located in the coastal zone, the maximum height is 30 feet. The building height setbacks are noted on the Tentative Parcel Map exhibit. An existing single-story single-family home is located on Parcel 1 and complies with the applicable height requirement. No development is proposed on Parcel 2 at this time. Future development proposed on Parcel 1 or 2 will be required to comply with the building height requirements. Yes Ensure grading (cut or fill) does not exceed 10 feet from original grade. No grading is proposed at this time; however, based on the existing topography for proposed Parcel 2 as well as the proposed pad elevation, the anticipated grading will not exceed 10 feet from the existing grade. Yes Provide building setbacks of 45 feet from the El Camino Real right of way or 15 feet from top of slope, whichever is greater. The 15-foot building setback from the top-of-slope produces the greater setback requirement. Although the northeast corner of the existing single- family home located on proposed Parcel 1 encroaches into this area, the home is legal non-conforming with respect to this setback since the home was constructed prior to the adoption of the El Camino Real Corridor Development Standards. This setback is shown on the tentative map exhibit. Any future additions to the existing home located on Parcel 1 would be required to adhere to the required 15- foot setback from the top of the slope. Yes E. Habitat Management Plan (Chapter 21.210 of the Carlsbad Municipal Code) The project site is developed with an existing residence, driveway, terraced pads and sparse landscaping. Pursuant to a Biological Assessment letter prepared by RC Biological Consulting, Inc. (dated January 5, 2006), no sensitive plant species or habitats were observed on the property. As such, the project site contains only disturbed (0.18 acres) and non-native/ornamental habitat CDP 05-34/SUP 05-08 - EUCALYPTUS ESTATES December 17, 2008 Page 10 (0.25 acres), a majority of which is located outside of the proposed building pad for Parcel 2. Typically the development of property considered "disturbed" is subject to the payment of an in- lieu mitigation fee pursuant to the Habitat Management Plan. However, because no development beyond the subdivision of the property is proposed at this time, an in-lieu mitigation fee is not required. F. Inclusionary Housing Ordinance (Chapter 21.85 of the Carlsbad Municipal Code) The City's Inclusionary Housing regulations require that a minimum of 15% of all approved units in any residential project be made affordable to lower income households. However, because of the economics of scale, residential projects involving six or fewer dwelling units may satisfy the lower income inclusionary requirement through the payment of an inclusionary housing in-lieu fee. Because there is an existing home located on Parcel 1, the fee does not apply to Parcel 1. At such a time when a home is proposed to be developed on Parcel 2, the project will be conditioned to pay an inclusionary housing in-lieu fee prior to issuance of the building permit. G. Subdivision Map Act and City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code) The Engineering Department has reviewed the proposed Minor Subdivision (MS 05-14) and has concluded that the project, as conditioned, complies with all the applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. The City Engineer will take action on the Minor Subdivision subsequent to the Planning Commission's action on the Coastal Development Permit and Special Use Permit. All minor subdivision design criteria have been complied with and the project has been conditioned to construct all infrastructure improvements along Eucalyptus Lane including but not limited to driveways, sidewalks (curb/gutter), and utility services, The developer is also required to construct full half-width improvements to El Camino Real, including a median, to Prime Arterial standards. The applicant may request to pay a fair share contribution to the City for the El Camino Real frontage and median improvements. The approval of such request is at the discretion of City Council. H. Growth Management Regulations (Chapter 21.90 of the Carlsbad Municipal Code) The project is located in Local Facilities Management Plan (LFMP) Zone 1 in the northwest quadrant of the city. There are no special conditions or requirements within LFMP Zone 1 that apply to the proposed two-lot subdivision. The impacts on public facilities created by the project and its compliance with the adopted performance standards are summarized in Table E below. TABLE E - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation IMPACTS 3.48 sq. ft. 1.85 sq.ft. 1 EDU 0.01 acre 3 CFS/Drainage Basin "B" 10ADT COMPLIANCE Yes Yes Yes Yes Yes Yes CDP 05-34/SUP 05-08 - EUCALYPTUS ESTATES December 17,2008 Page 11 TABLE E - GROWTH MANAGEMENT COMPLIANCE CONTINUED STANDARD Fire Open Space Schools (Carlsbad Unified) Sewer (Carlsbad) Water (Carlsbad) IMPACTS Station No. 3 Not Applicable Elementary: 0.26 Middle School: 0.072 High School: 0.136 1EDU 220 GPD COMPLIANCE Yes N/A Yes Yes Yes The project is 0.52 units below the Growth Management Dwelling Unit allowance. V.ENVIRONMENTAL REVIEW The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment. Therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to Section 15315, Minor Land Divisions, of the California Environmental Quality Act (CEQA) Guidelines. In light of the above, a Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 6515 (CDP) 2. Planning Commission Resolution No. 6516 (SUP) 3. Location Map 4. Background Data Sheet 5. Local Facilities Impacts Assessment Form 6. Disclosure Statement 7. Draft Copy of MS 05-14 Conditions of Approval 8. Reduced Exhibits 9. Full Size Exhibits "A" - "B" dated December 17, 2008 NOT TO SCALE SITE MAP Eucalyptus Estates CDP 05-34 / SUP 05-08 / MS 05-14 BACKGROUND DATA SHEET CASE NO: CDP 05-34/SUP 05-08 CASE NAME: EUCALYPTUS ESTATES APPLICANT: Guv Oliver REQUEST AND LOCATION: Request for a Coastal Development Permit and Special Use Permit to allow for the subdivision of a 0.94-acre lot into two single-family lots, including one panhandle lot, generally located on the west side of El Camino Real and the east side of Eucalyptus Lane within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. LEGAL DESCRIPTION: Parcel 1: That Portion of Lot "I" of the Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the County Recorder of said County, November 15, 1896, lying within the following described parcel of land: Beginning at corner No. 2 of said Lot "I"; thence along the northerly prolongation of that portion of the easterly line of said Lot "I" between corners No. 1 and 2 of said lot, North 2° 29'40" West (record North 3° West) 21.84 feet to an intersection with the center line of the County Road Survey No. 682, as the same is described in easement deed to the County of San Diego, dated May 27, 1936 and recorded in Book 521, Page 230 of Official Records of said County, said point of intersection being also the southeasterly corner of the land described in Quitclaim Deed to Horace H. Kelly, recorded January 22, 1951 as Instrument No. 9613 in Book 3942, Page 34 of Official Records; thence along the southerly line of said Kelly land as follows: along the said .center line of the road, North 67° 10' West 897.21 feet to an angle point therein; thence continuing along said center line north 64° 35' West 546.22 feet to the true point of beginning; thence continuing north 64° 35' West 155 feet to the beginning of a tangent 1000.00 foot radius curve concave southerly; thence westerly along said curve, 7.00 feet through an angle of 0'24' 04"; thence south 14° 56'40" West 344.93 feet to the southerly line of that land described in deed to Lela Maish Johnson, recorded December 24, 1958 as Instrument No. 216749 in Book 7413, Page 215 of Official Records: thence along said southerly line south 71' 20' East 100.00 feet to a line which bears south 25° 25' East 327.43 feet to the true point of beginning; excepting therefrom an undivided 1/3 interest in and to all oil, gas, sand, clay, rock and other mineral rights, as reserved by W.S. Kelly and Lavinia J. Kelly and their survivors in deed recorded April 6, 1945 in Book 1840, Page 498 of Official Records. Parcel 2: An easement and right-of-way for road, sewer, water, gas, power and telephone lines and appurtenances thereto, to be used in common with the grantor's and other, over, under, along, and across a strip of land 30.00 feet wide in Lot "T" of the Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the County Recorder of said County, November 16, 1896, the center line of said 30.00 foot strip being described as follows: Beginning at corner No. 2 of said Lot "I"; thence along the northerly prolongation of that portion of the easterly line of said Lot "I" between corners No. 1 and 2 of said lot. North 2° 29'40" West (record North 3° West) 21.84 feet to an intersection with the center line of the County Road Survey No. 682, as the same is described in easement deed to the County of San Diego, dated May 27, 1936 and recorded in Book 521, Page 230 of Official Records of said County, said point of intersection being also the southeasterly corner of the land described in Quitclaim Deed to Horace H. Kelly, recorded January 22, 1951 as Revised 01/06 Instrument No. 9613 in Book 3942, Page 34 of Official Records; thence along the southerly line of said Kelly land as follows: along the said center line of the road. North 67° 10' West 897.21 feet to an angle point therein; thence continuing along said center line North 64° 35' West 546.22 feet to the true point of beginning; thence continuing north 64° 35' West 701.22 feet to the beginning of a tangent 1000.00 foot radius curve, 319.27 feet through an angle of 18° 17' 34"; thence leavinR said center line South 3° 18' 40" East 355.96 feet to the true point of beginning of the herein described center line; thence South 71° 20' East 480.66 feet to the beginning of a tangent 150.00 radius curve concave northerly; thence easterly along said curve, 277.15 feet through an angle of 86° 46': thence tangent to said curve. North 21° 54' East 148.31 feet to said centerline of the County road, said 30.00 strip being in a line which bears South 3° 10' 40" East through the true point of beginning and ends in the southwesterly line of said County road; excepting from said easement and right of way, that portion thereof which lies within Parcel 1 described above. APN: 208-040-04 Acres: 0.94 Proposed No. of Lots/Units: Two lots GENERAL PLAN AND ZONING Existing Land Use Designation: RLM- Residential Low-Medium Density Proposed Land Use Designation: N/A Density Allowed: 0-4 du/ac Density Proposed: 2.53 du/ac Existing Zone: R-A-10,000 Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: General Plan Site North South East R-A-10,000 RLM R-A-10,000 RLM R-A-10,000 RLM P-C West R-A-10,000 RLM/RM/OS/L/E/RH/ CF RLM Current Land Use Single-Family Single-Family Single-Family Agriculture/Robertson Ranch Master Planned- Community- under construction Single-Family LOCAL COASTAL PROGRAM Coastal Zone: 1X1 Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: | | Yes [X] No Coastal Development Permit: ^ Yes Q Local Coastal Program Amendment: | | Yes IXI No Existing LCP Land Use Designation: RLM Proposed LCP Land Use Designation: N/A Existing LCP Zone: R-A-10,000 Proposed LCP Zone: N/A No Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 1 EDU ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, 15315, Minor Land Divisions I I Negative Declaration, issued I I Certified Environmental Impact Report, dated_ n Other, Revised 01/06 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: Eucalyptus Estates - CDP 05-34/SUP 05-08 LOCAL FACILITY MANAGEMENT ZONE: I GENERAL PLAN: RLM ZONING: R-A-10,000 (Residential Agricultural) DEVELOPER'S NAME: Guv Oliver ADDRESS: 6467 Surfside Lane, Carlsbad, CA 92011 PHONE NO.: (760)476-1012 ASSESSOR'S PARCEL NO.: 208-040-04 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 0.94 acres ESTIMATED COMPLETION DATE: Unknown A. City Administrative Facilities: Demand in Square Footage = 3.48 B. Library: Demand in Square Footage = 1.85 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 1 EDU D. Park: Demand in Acreage = .01 E. Drainage: Demand in CFS = 3 Identify Drainage Basin = "B" (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 10 (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = No. 3 H. Open Space: Acreage Provided = N/A I. Schools: Carlsbad Unified (Demands to be determined by staff) J. Sewer: Demands in EDU 1 K. Water: Demand in GPD = 220 L. The project is 0.52 units below the Growth Management Dwelling unit allowance. City of Carlsbad Pl'affnfcrtg •' DISCLOSURE STATEMENT Applicant's .statement or_ disclosure _pfj:ei1jin ownership injerests_pn 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-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and 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 name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation 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 (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ^1\\N {J\-\V\ZJ£~ Corp/Part_ Title <OU\hfe^- Title Address ti&(F? fPAN^i'^*^^ Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation 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 (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person/5UvJ OUVfeE- Corp/Part Title <D\A\Ntel~ Title • ('760] SQ2-43CG " PAX { 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization .or a trust, list the nanies and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve {12) months? Yes V 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. r'naturexDf owner/date (Signaiure offeppficant/date Print or type name of owner Print or tVpe name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 MS 05-14 Eucalyptus Estates Subdivision September 9, 2008 Page 1 of6 September 9, 2008 Guy and Lisa Oliver 6467 Surfside Lane Carlsbad, CA 92011 MS 05-14, EUCALYPTUS ESTATES MINOR SUBDIVISION , ! The City Engineer has made a preliminary decision, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the Tentative Parcel Map; of the subject minor subdivision, subject to the conditions listed below. •;,,,, , ' NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed Tentative Parcel map, must be met prior to approval of a Parcel Map, building permit, or grading permit, whichever occurs first. '•'<•' General . !^ih- ." , ' ;v• j|«:, ;- ' 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall! apply for and obtain approval from, the City Engineer for the proposed haul route. :; .,'..' ' . ' ''!.-' 2. This approval is granted subject to approval of CDP 05-34, SUP 05-08 and all conditions contained in Planning Commission Resolutions No. . ill'' :• ',', illtl' .iiiis "::". /''3. Devpljoper shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the .jte'ntati^gjiriap and a digital copy;of said map (in AutoCAD format, latest version) reflecting the cbriditipns approved by the final decision making body and any applicable coastal commissionjapprovals. The reproducible shall be submitted to the City engineer, reviewed and, if acce'ritaBle^ signed by the City's project engineer and project planner prior to submittal of the JBfiildirig plans, final map, improvement or grading plans, whichever occurs first. The digital filejpopy shall be submitted in a format as approved by the City Engineer. »fl 4. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of the MS 05-14 Eucalyptus Estates Subdivision September 9, 2008 Page 2 of 6 facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Fees/Agreements 5. All fees and deposits shall be paid prior to approval of the Parcel Map. 6. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 7. Developer shall cause property owner to execute and submit to the, City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. • ; • 8. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer for the annexation of the area shown within the boundaries of the subdivision into the, existing City drjj(|arlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall* be on a form provided by the City Engineer. !; • ' Grading ; ' - '• slifl | flf'9. Developer shall comply with the'City's Storm water'Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction,^ general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or , Stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 10. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic,; function of the site by preserving natural open-spaces and natural drainage channels|5 minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants 11. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, MS 05-14 Eucalyptus Estates Subdivision September 9, 2008 Page 3 of 6 Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. Dedications/Improvements 12. Developer shall cause Owner to dedicate to the City a additional right-of-way to complete the required 126 feet wide Public right-of-way along El Camino Real at the project frontage as shown on the Tentative Parcel Map. The offer shall be made by a certificate on the Parcel Map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public,,are not required to be rededicated. Additional easements may be required affinal design to the satisfaction of the City Engineer. |, : . , ,i: "''.':v;-. !.'':/'•13. Prior to issuance of building permits, grading permit or parcel.map approval, whichever occurs first, Developer shall enter into a City standard Local Improvement District Agreement to pay fair share contributions for .undergrounding of iallji existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. \, ' , r i, , 14. Developer shall execute a City standard Minor, Subdivision Improvement Agreement to install and secure with appropriates i security as provided by law, public improvements shown on the tentative map. These improvements include, but are not limited to paving, base, signing & striping, sidjs^aljcs, curbs and gutters, medians, grading, clearing and grubbing, undergrpunding or'relocajion of utilities, sewer, water, fire hydrants, street lights, pedestrian jjamps)'drainage. structures!, and best management practices for stormwater treatment, retaining walls and, reclaimed water. Said improvements shall be installed to City .Standards to the satisfaction of; the City Engineer. More specifically, these improvements include: .:« '.'.' ''''']> I ' A) Eucalyptus Lane improvements to include driveways, sidewalk, and water & sewer services as shown on Tentative Parcel Map. B) El Camino Real improvements to include: i \'a. Full half-width improvements of El Camino Real to Prime Arterial Road standards, along the project frontage, including all necessary transitions to existing improvements as shown on the Tentative Parcel Map b. Full Median landscape, hardscape and irrigation improvements along half of the project frontage as shown on the Tentative Parcel Map. 15. The developer may request to pay a fair share contribution to the City for the construction of the El Camino Real Improvements in lieu of the construction MS 05-14 Eucalyptus Estates Subdivision September 9, 2008 Page 4 of 6 requirement of condition No. 17 (B) above. Approval of any such request will be at the discretion of the City Council. The above options shall be placed on an additional map sheet on Parcel Map per provisions of section 66434.2 of the Subdivision Map Act. If condition 17 (B) is chosen, the improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other times as provided in the said agreement. 16. Developer shall cause Owner to waive direct access rights on El Camino Real. . 11 Final Map Notes ; - t .1 •:'• 17. Add the following notes to the Parcel Map as non-mapping data. A) Developer has executed a City standard Subdivision Improvement Agreement and has posted security in accordance with C.M,£. Section 20.16107,0' to install public improvements shown on the Tentative Parcel Map These improvements include, but are not limited to: , ^ . \ ',, i < 1) Eucalyptus Lane improvements to include driveways, sidewalk, and water & sewer services as shown on Tentative Parcel Map. ; ' , '"•! I ' 2) £1 Camino Real improvements to include: .iij'iitftpii" :> a. EuiJjnalftwidtiljimproveiients of.El Camino Real to Prime Arterial Road• ijl'-' '*'4*!y'' '•. r Mir'!-'"!1'standards, along the project!frontage, including all necessary transitions to existing improvements as shown on the tentative map. b. Full Median landscape, hardscape and irrigation improvements along half of the project frontage as shown on the tentative map. * > i B) The developer may request to pay a fair share contribution to the City for the construction of the El Camino Real Improvements in lieu of the construction requirement of condition No. 21 (A)(2) above. Approval of any such request will be at the discretiori! of the City Council. The above options shall be placed on an additional map sheet on Parcel Map per provisions of section 66434.2 of the Subdivision Map Act. If condition No. 21 (A)(2) is chosen, the improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other times as provided in the said agreement. C) Building permits will not be issued for development of the subject property unless the MS 05-14 Eucalyptus Estates Subdivision September 9, 2008 Page 5 of 6 appropriate agency determines that sewer and water facilities are available. Fire 18. Developer shall install combination of fire and domestic service for parcels 1 to accommodate the required building sprinkler systems to the satisfaction of the Fire Marshall. Carlsbad Municipal Water District 'i' 19. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. • •'•''•'•%> il '•!!<!, . HfifitmH .'•!:•:•:...20. The Developer shall install potable water meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 21. The Developer shall install sewer laterals and':clean-outs at locations approved by the District Engineer. The locations of sewer laterals shall be reflected 'on public improvement plans. i Code Reminders :'; A) Developer shall comply with all applicable provisions of federal, state and local laws and regulations in effect at the time the grading or building permit is issued. B) The Tentative Parcel Map; approval shall expire1 twenty-four (24) months from the date of the letter containing the final decision! for Tentative Parcel Map approval.• 'iiiltlll " C) T,he'Average Daily Trips (ADT|paEhd floor area contained in the staff report and shown on the Tentative Parcel Map are for plHiining purposes only. Developer shall pay traffic impact and sewer impact fees based onJSection 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively.1' -'••i'li^If any conditions for construction of any public facilities or payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Engineer determines that the Project without this condition complies with the requirements of the law. The applicant may request a review of the preliminary conditions within ten (10) days of the date of this approval. The request must b e submitted in writing to the City Engineer in accordance with Section 20.24.120 through 140 of the Carlsbad Municipal Code. MS 05-14 Eucalyptus Estates Subdivision Page 6 of 6 September 9, 2008 The City Engineer has reviewed each of the exactions imposed on Developer contained in these conditions of approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and degree of the exactions is in rough proportionality to the impact caused by the project. Sincerely, David A. 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