HomeMy WebLinkAbout1998-08-19; Planning Commission; ; CDP 98-05 - JENSEN PARCEL MAP^e City of CARLSBAD Planning Departme^
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: August 19, 1998
Application complete date: May 2, 1998
Project Planner: Michael Grim
Project Engineer: Clyde Wickham
SUBJECT: CDP 98-05 - JENSEN PARCEL MAP - Request for a Coastal Development
Permit and to allow the subdivision of a 1.6 acre parcel into three single family
lots, on property located on the west side of Carlsbad Boulevard, between Cerezo
Drive and Shore Drive, in the Mello II Segment of the Local Coastal Program,
and Local Facilities Management Zone 22.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4347,
APPROVING Coastal Development Permit CDP 98-05 based upon the findings and subject to
the conditions contained therein.
II. INTRODUCTION
The proposal involves the subdivision of a 1.6 acre coastal bluff top parcel into three single
family lots. The subject property is located on the west side of Carlsbad Boulevard, just south of
the Terramar Community. The property is also the site of a newly constructed beach access
stairway (CDP 96-05) approved and constructed in 1997. A Coastal Development Permit is
required because subdivision of property in the Coastal Zone is considered as development. The
Tentative Parcel Map required for the subdivision will be considered by the City Engineer,
subject to approval of this Coastal Development Permit. The proposal meets all requirements of
the Carlsbad Municipal Code and the Local Coastal Program and staff has no issues with the
proposed subdivision.
III. PROJECT DESCRIPTION AND BACKGROUND
Jon Jensen, property owner, is requesting approval of a Coastal Development Permit to allow a
three lot single family subdivision on property west of Carlsbad Boulevard and south of Shore
Drive. The Tentative Parcel Map (MS 98-01) will be considered approved by the City Engineer,
subject to approval of this Coastal Development Permit. The subject parcel slopes gently towards
the coastal bluff and is undeveloped with the exception of a recently constructed beach access
stairway on the southern edge of the property. Adjacent to the site on the north is an
undeveloped parcel, with the Terramar community further to the north. To the south of the site is
vacant South Carlsbad Beach State Park land, owned by the State of California. The site is
zoned R-l - One Family Residential and designated Residential Low Medium (RLM) in the
City's General Plan.
CDP 98-05 - JENSEN PARCEL MAP
August 19,1998
Page 2
As shown on Exhibit "A", dated August 19, 1998, the proposed subdivision would split the 1.6
acre parcel into three single family lots. Each rectangular-shaped lot would have a minimum lot
width and frontage on Carlsbad Boulevard of 60 feet. The bluff tapers towards Carlsbad
Boulevard from the north to the south of the property, therefore the useable depth of the lots
would decrease as one moves southward. The tentative parcel map shows a 45 foot wide bluff
top setback required for development of all structures, derived from geotechnical studies of the
property. Taking into account this bluff top setback, along with the standard R-l front and side
yards, the buildable area of the proposed lots ranges from 2,600 square feet to over 5,500 square
feet.
There is a portion of each lot that lies outside of the proposed open space easement but seaward
of the top of bluff. Staff considers the right for the public to use this area protected under an
already existing easement for unlimited pedestrian access, as described in File No. 90-0646075,
dated December 5, 1990 (Item Number 5 of the Preliminary Title Report for Assessor's Parcel
No. 210-120-30). The bluff area remains protected because any proposed construction in this
area would be subject to review through the Coastal Development Permit process, and must
conform to the Coastal Zone Regulations, the City's Hillside Development Ordinance and,
potentially, the Floodplain Management Regulations. Therefore, no additional easements or
deed restrictions are proposed for that portion of the private lots between the top of bluff and the
open space easement.
The Jensen Parcel Map project is subject to the following regulations:
A. General Plan;
B. Local Coastal Program;
C. R-l - One Family Residential Zone (Chapter 21.10 of the Zoning Ordinance);
D. Inclusionary Housing Ordinance (Chapter 21.85 of the Zoning Ordinance);
E. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance);
F. Zone 22 Local Facilities Management Plan.
IV. ANALYSIS
The recommendation for approval of this project was developed by analyzing the project's
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of these regulations/policies utilizing both text and
tables.
CDP 98-05 - JENSEN PARCEL MAP
August 19,1998
Page 3
A,General Plan
The Jensen Parcel Map proposal is consistent with the applicable policies and programs of the
General Plan. Particularly relevant to the three-lot single family subdivision are the Land Use,
Circulation, Housing, Open Space and Conservation, and Public Safety Elements. Table 1
indicates how the project complies with these particular elements of the General Plan.
TABLE 1 - GENERAL PLAN COMPLIANCE
ELEMENT USE CLASSIFICATION, GOAL,
OBJECTIVE OR PROGRAM
PROPOSED USE AND
IMPROVEMENTS COMPLIANCE
Land Use RLM designated sites with base
zones that allow a higher yield than
the upper range of the designation
can increase density up to 25%
above range (or 5 du/ac for RLM).
R-1-7,500 zoning allows
yield up to 5 du/ac and
proposed density of 4.47
du/ac is less than 25% over
RLM upper range.
Yes
Circulation Require new development to
improve all rights-of-way needed to
serve development.
Project is conditioned to
pay its fair share of
Carlsbad Boulevard arterial
improvements.
Yes
Housing Ensure that all qualified subdivisions
provide a range of housing for all
income ranges.
Project is conditioned to
make a fair share in-Iieu
contribution for the
provision of lower-income
housing.
Yes
Open Space Preserve open space areas in as
natural a state as possible.
Coastal bluff and beach are
not being impacted and
future drainage will be
contained so as not to
accelerate bluff retreat.
Yes
Public Safety Ascertain slope stability and other
geotechnical conditions before
development.
Numerous geotechnical
evaluations have been
conducted and the structural
bluff top setback is
established on the map.
Yes
As mentioned in the Land Use section of the above table, the General Plan contains special
provisions for the development of RL and RLM designated properties. There are many
properties in Carlsbad that possess the standard single family zoning, that being R-l with a
minimum lot size of 7,500 square feet. If one were to subdivide an acre of R-l land, creating the
minimum lot size for all lots, the subdivision would yield five (5) lots (43,560/7,500 = 5.8,
rounded down to the nearest whole number, = 5.0). This creates a potential conflict between the
density ranges of the RL and RLM General Plan designations and the unit yields for standard
single family zoning designations. Therefore, the Land Use Element contains a provision for in-
fill properties on dedicated streets that allows development in the RL and RLM designated areas
CDP 98-05 - JENSEN PARCEL MAP
August 19, 1998
Page 4
to reach the maximum yield allowed by the zoning, provided that the total yield does not exceed
25 percent above the maximum range allowed by the General Plan. For RLM designated
properties, the total maximum yield would be five (5) dwelling units per acre.
B. Local Coastal Program
The Jensen Parcel Map site is located within the Mello II segment of Carlsbad's Local Coastal
Program (LCP) and is subject to the provisions contained in the Land Use Plan, as well as the
applicable LCP implementing ordinances. The Land Use Plan for the Mello II segment
emphasizes topics such as preservation of agriculture and scenic resources, protection of
environmentally sensitive resources, provision of shoreline access, and prevention of geologic
instability and erosion. There are no agricultural activities or prime agricultural lands on or near
the project site. No impacts to scenic resources because the substantial view of the ocean will
remain south of the property from across land owned by the state. In addition, the proposed lots
meet or exceed the minimum width and area requirements of the underlying zone, thereby
allowing future development to be located so as to preserve, to the degree feasible, the ocean
views from Carlsbad Boulevard. There are no environmentally sensitive resources on the
previously disturbed coastal bluff site and no development is proposed on or near the coastal
bluff. The property owner has already constructed a public beach access stairway on the
southern edge of the site (CDP 96-05 - Jensen Stairway) which fulfills the coastal access
responsibility for the subject property. The proposed subdivision is therefore consistent with the
provisions of the Mello II Land Use Plan.
The applicable implementing ordinances for the Mello II are contained in Chapters 21.203 and
21.204 of the Zoning Ordinance, the Coastal Resource Protection Overlay Zone (CRPO) and the
Coastal Shoreline Development Overlay Zone (CSDO). The CRPO contains provisions
regarding steep slope preservation, erosion control and drainage conveyance. The CSDO
contains provisions regarding public beach access, building appearance and preservation of
ocean views. Both Overlay Zones also require geotechnical investigations that assure geologic
stability.
As shown on Exhibit "A", dated August 19, 1998, the coastal bluff will be preserved in its
entirety. To provide additional protection against accelerated bluff retreat, a 45 foot wide bluff
top setback will be required for all structures, including swimming pools and overhead shade
structures. Water-intensive landscaping, such as turf, will also be restricted from this setback area
because percolating irrigation water can compromise bluff stability below the project site. No
development is proposed with the subdivision, therefore no grading will occur by virtue of this
Coastal Development Permit. All future drainage will be conveyed to the street or to the existing
stairway and will not be allowed to flow over the bluff edge. Therefore, the proposed three-lot
subdivision is consistent with the Coastal Resource Protection Overlay Zone.
The construction of the public beach access stairway along the southern edge of the subject
property satisfied the public access requirements of the CSDO by providing dedicated vertical
access between the first public road and the sea. Since no construction is proposed with this
permit, no issues exist with building appearance. As mentioned above, the buildable area of each
lot meets, or far exceeds, that of a typical R-l lot and the proposed lot size and configuration do
CDP 98-05 - JENSEN PARCEL MAP
August 19, 1998
PageS
not preclude future development to be located so as to preserve, to the degree feasible, the ocean
views from Carlsbad Boulevard. All future development must receive a Coastal Development
Permit consistent with the provisions of the CSDO, including building appearance and view
preservation, prior to construction. Given the above, the proposed subdivision is consistent with
the Coastal Shoreline Development Overlay Zone.
C. R-l - One Family Residential Zone
The Jensen Parcel Map site is zoned R-l - One Family Residential and is therefore subject to the
provisions of Chapter 21.10 of the Zoning Ordinance. Since no physical development is
proposed with the three lot subdivision, many of the development standards of the R-l zone do
not apply. Table 2 below indicates the project's conformance with the applicable portions of
Chapter 21.10.
TABLE 2 - R-l STANDARDS COMPLIANCE
STANDARD
Lot Area
Lot Width
REQUniED
7,500 square feet minimum
60 feet minimum
PROVIDED
Lots measure between 21,000 and 25,000
square feet.
Lots are between 60 and 70 feet wide.
Given the above, the proposed subdivision is consistent with the R-l - One Family Residential
Zone, Chapter 21.10 of the Zoning Ordinance.
D. Inclusionary Housing Ordinance
The proposal involves a new residential subdivision of land, therefore it is subject to the
Inclusionary Housing Ordinance, Chapter 21.85 of the Zoning Ordinance. The Inclusionary
Housing Ordinance describes how each residential subdivision will provide for their
proportionate share of affordable housing. Since the total number of proposed lots is less than
seven (7), the project is eligible to make an in-lieu contribution rather than actually constructing
new affordable units. Therefore, as required by Section 21.85.050(f), the applicant has been
conditioned to pay an affordable housing in-lieu fee in an amount established by resolution of the
City Council in effect at time of payment. The current in-lieu fee is $4,515.00 per unit. Given
the above, the proposed Jensen Parcel Map is consistent with the Inclusionary Housing
Ordinance.
E. Growth Management Ordinance
The Jensen Parcel Map involves a three-lot single family subdivision. Table 3 below details the
project's compliance with the applicable Growth Management facility requirements.
CDP 98-05 - JENSEN PARCEL MAP
August 19, 1998
Page 6
TABLE 3 - GROWTH MANAGEMENT COMPLIANCE
Standard
City Administration
Library
Waste Water Treatment
Parks
Drainage
Circulation
Fire
Open Space
Schools
Sewer Collection System
Water
Impacts/Standards
24.17 sq ft
12.89 sq ft
3EDU
0.048 acres
PLDAA
3ADT
Station No. 1
N/A
CUSD
3EDU
660 GPD
Compliance
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
The project is 0.86 units above the Growth Management Control Point.
While the proposed subdivision meets the minimum lot size of the underlying zoning, the
proposed density of 4.47 dwelling units per developable acre (du/ac) exceeds the Growth
Management Control Point of 3.2 du/ac for the Residential Low Medium Density (RLM)
General Plan designation. The project must, therefore, withdraw one (1) unit from the excess
dwelling unit bank for the northwest quadrant in accordance with City Council Policy No. 43.
Policy No. 43, also known as the Proposition E "Excess" Dwelling Unit Allocation Policy,
categorizes the priorities in which excess units are to be allocated into three groups. In the first
group, which represents the highest priority, are infill subdivisions that meet all development
standards of the underlying zoning provided that the proposed lots will be the same size or larger
than the adjacent subdivided properties. The proposed subdivision contains lots ranging from
approximately 21,000 square feet to 26, 000 square feet while the adjacent subdivided properties
contain lots ranging from 7,300 square feet to 20,000 square feet. The proposed infill single
family subdivision is therefore consistent with the Growth Management Ordinance and City
Council Policy 43.
F. Zone 22 Local Facilities Management Plan
The project site lies within Local Facilities Management Zone 22. There are no special
development requirements in the Zone Plan, such as roadway construction or other
infrastructures improvements, that apply to this three-lot single family subdivision. The plan
does require that all facilities needed to serve the development be in place concurrent or prior to
need. The Jensen Parcel Map project, as conditioned, will be served with all utilities and
CDP 98-05 - JENSEN PARCEL MAP
August 19,1998
Page 7
improvements prior to occupancy of any future dwelling units. Therefore, the project is
consistent with the Zone 22 Local Facilities Management Plan.
V. ENVIRONMENTAL REVIEW
Earlier analysis has been conducted through the Master Environmental Impact Report for the
1994 General Plan Update (MEIR 93-01), which reviewed the potential impacts of buildout of
the City's General Plan, including transportation and air quality impacts. Since the project
involves only the subdivision of one lot into three lots consistent with the City's General Plan
and Zoning, the potential impacts in the areas of land use and planning, population and housing,
geologic conditions, transportation and circulation, biological resources, energy and mineral
resources, hazards, public services, utilities and service systems, cultural resources, aesthetics
and recreation have also already been discussed and addressed in the Master Environmental
Impact Report. Therefore, with regard to these potential impacts, there will be no additional
significant effects due to this development that were not analyzed in the MEIR and no new or
additional mitigation measures or alternatives are required. All feasible mitigation measures
identified in the previous MEIR which are appropriate to this project have been incorporated into
the project. In addition, previous geotechnical studies conducted on the project site (Converse
Consultants, dated September 20, 1984; ICG Incorporated, dated November 6, 1989; and
Geotechnical Incorporated, dated September 3, 1996) indicate that the subdivision does not
preclude development of the property in a manner consistent with the General Plan.
ATTACHMENTS;
1. Planning Commission Resolution No. 4347
2. Location Map
3. Disclosure Statement
4. Notice of Prior Environmental Compliance, dated April 6,1998
5. Environmental Impact Assessment Form, dated March 18,1998
6. Local Facilities Impact Assessment Form
7. Background Data Sheet
8. Exhibit "A", dated August 19,1998.
MG:dch:mh
SITE
JENSEN PARCEL MAP
CDP 98-05
City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all
applications which will require discretionary action on the part of the City
Council or any appointed Board, Commission or Committee.
The following information must be disclosed:
1. APPLICANT
List the names and addresses of all persons having a financial interest in the
application.
OWNER
List the names and addresses of all persons having any ownership interest in the
property involved.
^ . eil
If any person identified pursuant to (1) or (2) above is a corporation or partnership,
list the names and addresses of all individuals owning more than 10% of the shares
in the corporation or owning any partnership interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a
trust, list the names and addresses of any person serving as officer or director of
the non-profit organization or as trustee or beneficiary of the trust.
AJ/fr
2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (G19) 438-O894
5. Have you had m^.3 than $250 worth of business transacted with any member of
City staff, Boards, Commissions, Committees and/or Council within the past twelve
(12) months?
D If yes, please indicate person(s):.
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city
and county, city municipality, district or other political subdivision or any other group or
combination acting as a unit."
NOTE: Attach additional sheets if necessary.
Signature of owner/date
r>J
Print or type name of owner Print or type name of applicant
Disclosure Statement 10/96 Page 2 of 2
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: Jensen Parcel Map - CDP 98-05
LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: RLM
ZONING: R-1-7.500
DEVELOPER'S NAME: Jon Jensen
ADDRESS: 451 S. Escondido Ave. Escondido. CA 92025
PHONE NO.: (760)743-7966 ASSESSOR'S PARCEL NO.: 210-120-30
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 1.6 acres
ESTIMATED COMPLETION DATE: December. 1998
A. City Administrative Facilities: Demand in Square Footage = 24.17
B. Library: Demand in Square Footage = 12.89
C. Waste water Treatment Capacity (Calculate with J. Sewer) 3 EDU
D. Park: Demand in Acreage = 0.048
E. Drainage: Demand in CFS = N/A
Identify Drainage Basin = PLDA A
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADT = 3 APT
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. = #1
H. Open Space: Acreage Provided = N/A
I. Schools: CUSP
(Demands to be determined by staff)
J. Sewer: Demands in EDU 3 EDU
K. Water: Demand in GPD= 660 GPP
L. The project is 0.86 units above the Growth Management Pwelling unit allowance.
BACKGROUND DATA SHEET
CASE NO: CDP 98-05
CASE NAME: Jensen Parcel Map
APPLICANT: Jon Jensen
REQUEST AND LOCATION: Coastal Development Permit and Tentative Parcel Map to
subdivide a 1.6 acre parcel into three single family lots, located west of Carlsbad Boulevard
between Cerezo Drive and Shore Drive in the City of Carlsbad.
LEGAL DESCRIPTION: A portion of Lot H of Rancho Agua Hedionda. according to
Map 823. filed in the Office of the County Clerk on May 1. 1915. in the City of Carlsbad.
County of San Diego, State of California.
APN: 210-120-30 Acres: L6 Proposed No. of Lots/Units: 3
GENERAL PLAN AND ZONING
Land Use Designation: RLM - Residential Low Medium Density
Density Allowed: 0.0 - 3.2 du/ac Density Proposed: 4.47 du/ac
Existing Zone: R-1-7,500 Proposed Zone: N/A
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning
Requirements)
Zoning Land Use
Site R-1-7,500 Vacant
North R-1-7,500 Vacant
South O-S Vacant
East R-1-7,500 Single Family Residential
West O-S Beach and Pacific Ocean
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 3 EDU
Public Facilities Fee Agreement, dated: September 16. 1996
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
| | Certified Environmental Impact Report, dated_
Other, Notice of Prior Compliance, dated April 6, 1998