The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION. Item No. P.C. AGENDA OF: March 16, 2011 Project Planner: Shannon Werneke

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1 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. 2 Application complete date: January 24, 2011 P.C. AGENDA OF: March 16, 2011 Project Planner: Shannon Werneke Project Engineer: Steve Bobbett SUBJECT: PCD 10-02/CDP MAGNOLIA AVENUE PARCEL MAP Request for approval of a Planning Commission Determination and Coastal Development Permit to subdivide one parcel, 0.82 acres in size, into three singlefamily lots, including two adjoining panhandle lots, generally located on the south side of Magnolia Avenue, east of Yvette Way and west of Highland Drive within the Mello II Segment of the Local Coastal Program (LCP) and Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No and 6766 APPROVING Planning Commission Determination PCD and Coastal Development Permit CDP based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The subject proposal involves the subdivision of one lot, 0.82 acres in size, into three single family lots, including two adjoining panhandle lots. Pursuant to CMC Section B, the request to subdivide a lot into two or more panhandle lots requires approval of a Planning Commission Determination (PCD) by the Planning Commission. The Coastal Development Permit (CDP) application was reviewed for consistency with the Local Coastal Program (LCP) land use policies and implementation standards, General Plan, and the Zoning Ordinance. The PCD application was reviewed for compliance with the Zoning Code. There are no unresolved issues and the staff recommendation for approval with conditions is supported by the following analysis. III. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The 0.82-acre, rectangular-shaped parcel is generally located on the south side of Magnolia Avenue, west of the intersection of Highland Drive and Magnolia Avenue, within the Mello II Segment of the LCP and Local Facilities Management Zone 1. The project is not located within the Appeals Jurisdiction of the coastal zone; therefore, the Planning Commission s decision on the CDP/PCD cannot be appealed to the California Coastal Commission. Site topography consists of a gentle slope (8% gradient) that gradually rises from the southwest corner of the lot (low point) approximately 10 feet to the eastern property line (high point). The northern 1/3 of the site located adjacent to Magnolia Avenue was recently developed with a new manufactured home which was approved with a Coastal Development Permit (CDP 10-18) by

2 PCD 10-02/CDP MAGNOLIA AVENUE PARCEL MAP March 16, 2011 PAGE 2 the Planning Commission on September 7, The remaining southern portion of the lot is unimproved and is presently overgrown with non-native vegetation. With the exception of one, two-story home located adjacent to the southeastern corner of the lot, the subject parcel is bordered on all sides by single-story, single-family residential development, including one home to the east, two homes to the south, and four homes to the west. The existing lot has a Residential Low-Medium Density (RLM) General Plan Land Use designation and is zoned Single-Family Residential (R-1). The surrounding properties to the north, east, south and west also have a General Plan Land Use designation of RLM and are zoned R-1. No homes are proposed as a part of the subject request. Any future homes proposed will require a Coastal Development Permit and approval from the Planning Commission. Proposed Subdivision: The proposed subdivision would create a total of three parcels, with lot sizes of 9,941, 11,136, and 14,556 square feet. Lots 2 and 3 are designed as adjoining panhandle lots, with access proposed via a 20-foot-wide shared private driveway/access easement off of Magnolia Avenue. The shared driveway is located parallel to and setback 8 feet from the western property line. A shared access, utility, and drainage easement for Parcels 2 and 3 will be conditioned to be recorded over the panhandle portion of each of the lots. Access to Lot 1 will continue to be provided via a private driveway off of Magnolia Avenue. Each of the lots has been designed to meet the minimum code requirements with respect to width, depth, and size. Since the proposed subdivision contains four or fewer lots, it is considered to be a Minor Subdivision. As such, the subdivision can be approved administratively by the City Engineer. However, the additional applications associated with the development of the property, a Coastal Development Permit and Planning Commission Determination, require Planning Commission approval. Therefore, the approval of the Minor Subdivision (MS 10-04) filed with the City Engineer is contingent upon the approval of the associated Coastal Development Permit and Planning Commission Determination. Proposed Grading: As discussed above, site topography consists of a gentle slope (8% gradient) that gradually rises from the southwest corner of the lot (low point) approximately 10 feet to the eastern property line (high point). Due to the sloped nature of the site, a minor amount of grading, consisting of a mixture of cut and fill (240 cubic yards, to be balanced on-site), is proposed to develop the access driveway, vegetated drainage swale located along the western property line, and to create level building pads for the future development of homes on Parcels 2 and 3. In order to meet drainage requirements and ensure that the proposed subdivision s drainage will be retained and treated on the subject site, a minor fill slope and associated retaining wall up to 3 ½ feet in height is proposed along the western property line, facing the existing single-story, single-family homes to the west. Walls/Fencing: To provide a visual buffer between the proposed lots and the surrounding residences, a six-foot-tall fence is proposed along the eastern and southern property lines. As discussed above, a retaining wall up to 3 ½ feet in height is proposed along the western property line. In order to screen the headlights associated with future vehicles traveling within the access easement, the wall is proposed to be extended an additional 2 ½ to 3 feet above grade to provide an overall combined retaining wall/privacy wall height of 6 feet as viewed from the properties to the west. In addition, the wall is proposed to have a decorative finish (i.e. split face) with a decorative cap. In conjunction with the installation of the grass-lined swale along the western

3 PCD 10-02/CDP MAGNOLIA AVENUE PARCEL MAP March 16, 2011 PAGE 3 property line, the applicant also proposes to install landscaping adjacent to the wall (i.e. in between the driveway and the wall). This landscaping will provide an additional aesthetic buffer between the proposed driveway and the existing homes to the west. Impact on Coastal Resources: The proposed project entails the subdivision of one lot into three parcels, two of which are panhandle lots. No agricultural activities, sensitive resources, geological instability, flood hazards or coastal access opportunities exist on-site. In addition the development does not obstruct views of the coastline as seen from public lands or public rightof-way nor otherwise damage the visual beauty of the coastal zone. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Residential Low-Medium Density (RLM) General Plan Land Use designation; B. One-Family Residential (R-1) Zone, including panhandle lot requirements (Chapter 21.10, Zoning Ordinance); C. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone (Chapter , Zoning Ordinance); D. Subdivision Ordinance (Title 20, Carlsbad Municipal Code) E. Inclusionary Housing Ordinance (Chapter 21.85, Zoning Ordinance); and F. Growth Management (Chapter 21.90, Zoning Ordinance). The recommendation for approval of this project was developed by analyzing the project s compliance with the applicable regulations and policies. The project s compliance with each of the above regulations is discussed in further detail in the sections below. A. General Plan The General Plan Land Use designation for the property is Residential Low-Medium Density (RLM). The RLM designation allows for residential development at a density range of 0-4 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac. The project site has a net developable acreage of 0.82 acres. The project s proposed density of 3.65 du/ac is within the RLM density range of 0-4 du/ac; however, it is slightly above the RLM GMCP of 3.2 du/ac which is utilized for the purposes of calculating the City s compliance with Government Code Section At the GMCP, 2.62 dwelling units would be permitted on this 0.82-acre (net developable) property. Although the project exceeds the GMCP for the RLM General Plan Land Use designation by a fractional unit of 0.38 dwelling units, the General Plan Land Use Element allows the City to approve residential development at a density that exceeds the GMCP for the applicable density range provided the proposed residential development complies with certain findings as discussed below. To exceed the GMCP density and withdraw a fraction of a dwelling unit from the City s Excess Dwelling Unit Bank the project must comply with City Council Policy No. 43 (Proposition E Excess Dwelling Unit Bank) which sets the criteria for the allocation of excess dwelling units. City Council Policy 43 establishes a list of qualifying residential projects that are eligible for allocation of excess units, as long as the unit allocation does not exceed the Growth Management maximum dwelling unit cap of the applicable quadrant of the City. The northwest quadrant

4 PCD 10-02/CDP MAGNOLIA AVENUE PARCEL MAP March 16, 2011 PAGE 4 currently has approximately 12,861 existing dwelling units with an additional capacity of 2,509 dwelling units to reach the quadrant dwelling cap. At the GMCP of 3.2 du/ac, the number of units allowed on the property would be 2.62 dwelling units. Pursuant to CMC Section , if the GMCP density for the property results in a unit yield that includes a fractional unit of.5 or greater, the next whole unit may be granted, provided the maximum density (4 du/ac) of the applicable General Land Use designation is not exceeded. Rounding up to the next whole unit, 3 units, results in.38 DUs to be withdrawn from the City s Excess Dwelling Unit Bank, while not exceeding the maximum density of the RLM General Plan Land Use designation. Also, to exceed the GMCP density, the project must be consistent with the following required General Plan findings: 1) that the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City s public facilities plans will not be adversely impacted; 2) that there have been sufficient developments approved in the quadrant at densities below the control point so that the approval will not result in exceeding the quadrant limit; and, 3) all necessary public facilities required by the City s Growth Management Program will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards. The proposed project is consistent with the above required findings in that there have been sufficient developments in the northwest quadrant that have developed at densities below the GMCP such that the allocation of 0.38 dwelling units would not result in exceeding the quadrant limit. In addition, the project is conditioned to pay the appropriate fees to comply with City s Growth Management Program, and the City s public facilities plans will not be adversely impacted as the allocation of 0.38 units has already been analyzed and anticipated within the northwest quadrant. The project complies with all elements of the General Plan as illustrated in Table A below. ELEMENT Land Use TABLE A - GENERAL PLAN COMPLIANCE USE, CLASSIFICATION, PROPOSED USES & GOAL, OBJECTIVE OR IMPROVEMENTS PROGRAM Site is designated for Residential Low-Medium Density (RLM; 0-4 du/ac) with a Growth Management Control Point of 3.2 du/ac. The proposed project density of 3.65 dwelling units per acre (3 dwelling units) falls within the RLM density range of 0-4 du/ac but is slightly above the RLM GMCP of 3.2 du/ac (2.62 dwelling units). This is allowed by the General Plan as discussed in Section A above. COMPLY? Yes

5 PCD 10-02/CDP MAGNOLIA AVENUE PARCEL MAP March 16, 2011 PAGE 5 ELEMENT Housing Public Safety Open Space & Conservation TABLE A - GENERAL PLAN COMPLIANCE CONTINUED USE, CLASSIFICATION, PROPOSED USES & GOAL, OBJECTIVE OR IMPROVEMENTS PROGRAM 15% inclusionary housing requirement per Program 3.1. Ensure adequate fire and emergency services. Minimize environmental impacts to sensitive resources within the City. In order to provide a proportionate share of affordable housing, the project is accordinglyconditioned to require the payment of an in-lieu affordable housing fee for 2 units. The project meets all applicable Fire Code requirements. An automatic fire sprinkler system will be required for any future dwelling units and the property is located within a five-minute response time from Fire Station Nos. 1 and 3. The project does not impact any sensitive resources. COMPLY? Yes Yes Yes Noise Utilize Best Management Practices for control of storm water and to protect water quality. Comply with the residential exterior noise standard of 60dB(A) CNEL in private and common recreation areas and interior noise standard of 45 db(a). The project is conditioned to conform to all NPDES requirements. As the proposed project involves less than five (5) dwelling units, a noise study was not required for the project. However, the exterior and interior noise standards still apply. Given the anticipated orientation of the residential units and location between existing units, the exterior and interior noise standards will be met. Yes

6 PCD 10-02/CDP MAGNOLIA AVENUE PARCEL MAP March 16, 2011 PAGE 6 ELEMENT Circulation TABLE A - GENERAL PLAN COMPLIANCE CONTINUED USE, CLASSIFICATION, PROPOSED USES & GOAL, OBJECTIVE OR IMPROVEMENTS PROGRAM Require new development to construct roadway improvements needed to serve the proposed development. The Minor Subdivision (MS 10-04) associated with this application has been conditioned to meet the applicable roadway/access easement requirements. COMPLY? Yes B. One-Family Residential (R-1) Zone The Zoning designation for the project site is One-Family Residential (R-1). The Local Coastal Program requires review to ensure that the proposed lots are consistent with all required R-1 Zone standards. In addition, pursuant to CMC Section B, the request to subdivide a lot which proposes two or more panhandle lots requires approval by the Planning Commission. As demonstrated in Table B below, the project complies with all of the R-1 Zone development standards, including the panhandle lot provisions. TABLE B R-1 ZONE STANDARDS (INLCUDING PANHANDLE LOTS) STANDARD REQUIRED PROPOSED Lot Size Standard lot: 7,500 sq. ft. Lot 1: 9,941 sq. ft. Panhandle lot: 8,000 sq. ft. (buildable portion) Panhandle Lot: Lot 2: 8,359 sq. ft. Lot 3: 11,402 sq. ft. Lot Width 60 (if 10,000 sq. ft.) Lot 1: Lot 2: Lot 3: Panhandle Stem Frontage Width for Two Adjoining Lots 15 (minimum) Lot 2: 15 Lot 3: 15 Panhandle Stem Length for Two Adjoining Lots 200 (maximum) Lot 2: Lot 3: Improved Driveway Width within 20 (minimum) 20 Adjoining Panhandle Lots Front Yard Setback 20 Lot 1: 20 Lot 2: 20 Lot 3: 20 Side Yard Setback 10% lot width (5 minimum, 10 maximum) Lot 1: 9.1 Lot 2: 8.92 Lot 3: 9.08 Rear Yard Setback 2 x side yard Lot 1: 18.2 Lot 2: Lot 3: 18.16

7 PCD 10-02/CDP MAGNOLIA AVENUE PARCEL MAP March 16, 2011 PAGE 7 TABLE B R-1 ZONE STANDARDS (INCLUDING PANHANDLE LOTS) CONTINUED STANDARD REQUIRED PROPOSED Lot Coverage 40% Lot 1: 24% Lots 2 & 3: will not exceed 40% when CDP applications are processed for future homes. Parking Standard lot: two-car garage Lot 1: three-car garage Drainage for Panhandle Lots Requirements for Inclusion of Panhandle Lots Panhandle lot: Three non-tandem spaces Project drainage shall be channeled down the private access to a public street or special drainage means must be provided to the satisfaction of the City Engineer. 1. The property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration; and Panhandle Lots: Lots 2 & 3: Although homes are not proposed with this application, sufficient area exists to meet this requirement. Drainage is designed to meet Engineering Department specifications. A vegetated swale along the western property line is proposed to treat the storm water runoff prior to entering the public storm drain system. 1. Due to the narrow configuration ( wide) and considerable depth ( ) of the existing lot as well as the fact that it is surrounded by existing subdivided and developed properties, the subdivision of the property into three lots, as the General Plan allows, is feasible only if two panhandle lots are proposed.

8 PCD 10-02/CDP MAGNOLIA AVENUE PARCEL MAP March 16, 2011 PAGE 8 TABLE B R-1 ZONE STANDARDS (INCLUDING PANHANDLE LOTS) CONTINUED STANDARD REQUIRED PROPOSED Requirements for Inclusion of Panhandle Lots, Continued 2. The panhandle lots 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. 2. The stem or shared driveway/ private road easement portion of each lot is within the boundaries of the subject property and extends completely to Magnolia Avenue as required by Section of the Carlsbad Municipal Code. In addition, the proposed panhandle lots do not include access easements that are located on adjacent properties and all adjacent properties currently have access to a public street. C. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone The project site is located within the Mello II Segment of the Local Coastal Program (LCP). The site is not located within the appeal area of the Coastal Zone; however, the site is located within the Coastal Resource Protection Overlay Zone (CMC Chapter ) of the Carlsbad Municipal Code. The project s compliance with the LCP and the Coastal Resources Protection Overlay Zone is discussed below. 1. Mello II Segment of the Local Coastal Program The project includes the subdivision of one lot into three parcels in a developed area designated for single family development. The subject site has an LCP Land Use designation of RLM (Residential Low-Medium Density, 0 4 dwelling units per acre), which allows for 3.2 dwelling units per acre (du/ac) at the Growth Management Control Point. The project site has a net developable acreage of 0.82 acres. The project s proposed density of 3.65 du/ac is within the RLM density range of 0-4 du/ac; however, it is slightly above the RLM GMCP of 3.2 du/ac. At the GMCP, 2.62 dwelling units would be permitted on this 0.82-acre (net developable) property. Although the project exceeds the GMCP for the RLM General Plan Land Use designation by a fractional unit allocation of 0.38 dwelling units, the General Plan Land Use Element allows the City to approve residential development at a density that exceeds the GMCP for the applicable density range provided the proposed residential development complies with certain findings. As previously-discussed in the Section IV.A above ( General Plan ), the proposed project complies with the required findings; therefore, the project is consistent with the RLM Land Use designation.

9 PCD 10-02/CDP MAGNOLIA AVENUE PARCEL MAP March 16, 2011 PAGE 9 The proposed subdivision would be consistent with the surrounding single-family neighborhood since the proposed lot sizes, ranging from 9,941-14,556 square feet (gross), are compatible with the surrounding lot sizes which predominantly range from 7,500-10,000 square feet. In addition, the grading for the building pads for Parcels 2 and 3 has been minimized to the maximum extent feasible and a combination of fencing and landscaping is proposed to provide a buffer between the proposed development and the existing homes. As no structures are proposed, the proposed subdivision does not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. In addition, the property is not located in an area of known geologic instability or flood hazard. As the property is not located adjacent to the coastline, no public opportunities for coastal shoreline access are available from the subject site nor is the site suited for water-oriented recreation activities. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 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. No development is proposed in areas of steep slopes ( 25% gradient) and no native vegetation is located on the subject property. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. D. Subdivision Ordinance The Land Development Engineering Division has reviewed the proposed Minor Subdivision (MS 10-04) and has found that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City s Subdivision Ordinance (Title 20). The Land Development Engineering Division will take action on the Minor Subdivision subsequent to the Planning Commission s action on the Coastal Development Permit and Planning Commission Determination. The project has been accordingly-conditioned to install all infrastructure improvements concurrent with the development. In addition, the proposed building setbacks will allow for adequate air circulation and the opportunity for passive heating and cooling. E. Inclusionary Housing Ordinance For all residential development less than seven units, the inclusionary requirement may be satisfied through the payment of an inclusionary housing in-lieu fee. As there is one existing home on the project site, the project has been conditioned to pay the appropriate fee prior to recordation of the final map for the additional two dwelling units. F. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the City. The impacts on public facilities created by the project and its compliance with the adopted performance standards are summarized in Table C below.

10 PCD 10-02/CDP MAGNOLIA AVENUE PARCEL MAP March 16, 2011 PAGE 10 TABLE C - GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 6.95 sq. ft. Yes Library 3.71 sq. ft. Yes Waste Water Treatment 2 EDUs Yes Parks 0.01 acre Yes Drainage 1 CFS, Basin B Yes Circulation 20 ADT Yes Fire Station No. 1 or 3 Yes Open Space Not Applicable N/A Schools Carlsbad Unified (E=0.68/M=0.2368/HS = Yes ) Sewer Collection System 2 EDUs Yes Water 440 GPD Yes The project proposes 3 dwelling units whereas the maximum unit yield at the GMCP of the acre property at the RLM General Plan Land Use designation is 2.62 dwelling units. Consistent with the General Plan and Policy No. 43, 0.38 DUs will be allocated from the City s Excess Dwelling Unit Bank. 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 (PCD) 2. Planning Commission Resolution No (CDP) 3. Location Map 4. Background Data Sheet 5. Local Facilities Impacts Assessment Form 6. Disclosure Statement 7. Reduced Exhibits 8. Full Size Exhibits A J dated March 16, 2011

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23 MAGNOLIA AV HIGHLAND DR YVETTE WY SITE GRECOURT WY CARLSBAD BL EL CA M INO REAL ALGA RD LA COSTA AV J SITE MAP 1369 Magnolia Avenue Parcel Map PCD / CDP 10-28

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