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.
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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
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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
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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
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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
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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.
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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
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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
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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. Hauser
Deputy City Engineer
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