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HomeMy WebLinkAboutV 363; Zeuss Development; Variance (V)- APPLICATION SUBMIT& DATE- AUGUST 9, -Lcn4 & DATE : TO : FROM: SUBJECT: I. STAFF REPORT @J JULY 24, 1985 PLANNING COMMISSION LAND USE PLANNING OFFICE CT 84-31/CP-297/V-363 - VISTAS DE LA COSTA - Request for approval of a 20 unit tentative tract map and condominium permit. Also a request for approval of a variance to eliminate the five foot building setback from the driveway area on the north side of La Costa Avenue between Romeria Street and Gibralter Street in the RD-M zone. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution Nos. 2464 and 2465, APPROVING V-363 and CT 84- 31/cp-297 based on the findings and subject to the conditions contained therein. 11. PROJECT DESCRIPTION The applicant is requesting approval of a tentative tract map and condominium permit to develop 20 units on 1.14 acres, located as described above. The applicant is also requesting approval of a variance to eliminate the five foot buildinq setback from the driveway area which is required by the Planned Development Ordinance. The subject property consists of three previously- graded lots. Steep, terraced slopes separate this site from adjoining properties to the north. The applicant is proposing to construct 20, two-bedroom, two- story townhouse units. The units would be 1050 square feet each. The overall project density would be 17.5 du's/ac. The Land Use Element of the General Plan specifies this lot for Residential High density development, 20-30 du's/ac. The proposed project is, therefore, below the established density range. Staff believes that site constraints preclude the applicant's ability to develop within the specified range. - 111. ANALYSIS Planning Issues 1) Does the proposed project comply with all development standards of the Planned Development Ordinance? 2) Does the proposed project satisfy all design criteria of the Planned Development Ordinance? 3) Can all of the findings, required for approval of a variance, be made? Specifically: a) That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone; preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question; materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located; adversely affect the comprehensive general plan. b) That such variance is necessary for the c) That the granting of such variance will not be d) That the granting of such variance will not Discussion - CT 84-31/CP-297 Staff believes the proposed project satisfies all developmnt standards of the Planned Development Ordinance. Resident parkinq would be provided in private garages which will be large enough to accommodate two cars and provide the storage area required by the Planned Development Ordinance. Eight open guest parking spaces will be provided on-site. Recreation requirements would be satisfied by a private balcony off each unit. In addition, a large common sundeck and spa are proposed. The balconies and sundeck are oriented to maximize views of the golf course. As previously stated, the existing 1 1/2:1 slope at the rear of the property was approved by the County during the 1970's. During review of the project, City engineering staff had serious concerns regarding present slope stability and requested a peer review of the original soils report. This subsequent review supported the recommendations and conclusions of the original report. Both reports recommended regarding the slope to 2:l. The original report by San Dieguito Soils stated, "...the probability of the slopes becoming unstable is low, and it is our professional judgment that slopes can be constructed as described above." Although engineering staff still has concerns regarding the slope, it is felt these can be mitigated through design and use of concrete piers, grade beams and a final soils report. -2- Staff believes the proposed project minimally satisfies the design criteria of the Planned Development Ordinance. The project is designed to afford each unit a private area. Stamped concrete and planters will be utilized to break up and soften the driveways. Buildings, balconies, and the sundeck have been oriented to maximize golf course views. Discussion - V-363 Staff believes all of the necessary findings can be made for approval of the requested variance. First, the lot is exceptional due to the steep 1 1/2:1 slope. Originally approved by the county, the slope has been required to be regraded to a 2:l specification. By regrading the lot, the building pad becomes smaller and the buildable area is severely constrained. This prevents the applicant from moving the project any further to the north to accommodate the 5' setback required between buildings and open parking areas without a complete redesign of the project. Secondly, staff believes the variance is necessary to permit the applicant development of a viable condominium project, a substantial property right shared by other properties in the vicinity. Condominiums to the east and west have densities of 20.5 and 27.0 respectively. Both of these projects cantilever over existing 1 1/2:1 slopes. The proposed project is already at 2.5 units under the minimum density and staff believes the applicant should be permitted the same property rights as adjacent property owners. Due to the grade differentials between the subject and adjoining properties to the rear, staff does not believe that approval of the requested variance would be detrimental to the public welfare or surrounding properties. The slope between the upper and lower projects would be heavily landscaped and the proposed project is similar to development on either side. No potential views would be blocked . Finally, staff believes that granting of the variance would not adversely affect the comprehensive General Plan. The variance would allow greater use of the property, better enabling the applicant to implement the land use specified by the General Plan. Overall, staff believes the proposed project satisfies the minimum development standards and design criteria of the Planned Development Ordinance and the findings can be made for approval of the requested variance. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on July 2, 1985. -3- ATTACHMENTS 1) Planning Commission Resolution Nos. 2464 and 2455 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Document 6) Reduced Exhibits 7) Exhibits "A" - "D", dated July 17, 1985 AML : bn 7/8/85 -4- CASE IW: V-363/CT 84-31 /CP-2!37 APPLICANT: VISTAS DE LA COSTA LEGAL DESCFUPTION: lots 406, 407, 408 of La Costa Unit No. 5 according to Map 6600 filed in the Office of the County Recorder, County of San Diego. APN: 216-300-18, 19 and 20 Acres 1.14 Prapsed No. of Lots/l.?nits 20 units and Use Designation RH - Density Allowed 20-30 du's/ac Density Proposed 17.5 Existing Zone RDM Prapsed Zone N/A Surrounding Zoning and and Use: Zoning Site FtDM Land Use Vacant North RDM south os East RDM West RDM FUBLIC FACILITIES Condominiums (3en Swce L L Vacant Condominiums School District San Dieauito Water Carlsbad Sewer Leucadia d Public Facilities Fee Agreement, El!MRl"TAL IMPACT ASSESSME" - X Negative Declaration, issued EDU'S 20 dated August 12, 1984 July 2, 1985 - E.I.R. Certified, dated Other, APPLSCAEJT : AGENT: ZEUSS DEVELOPMENT CORPORAT I ON Name (individual, partnership, joint Venture, corpration, syndicatioa) 2967 HAWNG STRFFT- CAR1 !WAD- CA 92008 BusinesS Address 61 9/729-7571 Telephone Nu;lobrr EUGENE ROACH. ASSOCIATES, ARCH ITECTS/PLANNERS Name 1660 NORTH HOTEL CIRCLE DRIVE, SUITE 304; SAN DIEGO, CA 92wa .. BUSb-8 me88 61 9/298-7 I 24 Telephone Numkr .. RlGUEL ELIAS Mame *(individual, partner, joint. mme Address venture, coGoration, syndication) 2942 HARDING STREET, CARLSBAD, CA 92ooa Eusinoro Address -- 61 9/729-7571 Telephone Nunber Telephone Xuxnber WAYNE & NORMA PETERSON 2ime Homm kldress 15826 E. WHITTIER BLVD. WHITTIER, CA 90603 3siners Address 21 3/943 - 7266 21 3/947-4663 Telephone Nmber Telephone ziunber ALFRED0 EL IAS ANATOLE FRANCE 139 (905) 545-0996 MEXICO S.DF. (Attach more sheets if necessary) I/we dsclaze uder penalty Of perjury that th infomation contained in this dis- closure is trua and correct and that it will remain true and correct and may ba' relied upoa as being true and correct until anended. ZEUSS DEVELOPMENT APPlicanu I GUEL EL I AS *O. SHEET 2 ok2.1 PRELIMINARY GRADING PhN i TENTATIVE TRACT MAP NO VISTAS DE LA COSW A TWENTY UNIT CONDOMwJluM 4 P i ___ . . 8 ... 9 , ~~ TENTATIVE ~RACT MAP NO rewine. VISTAS DE LA COSTA ATWEWTTUNltCONOOMNM _. e--.. __ _- =- . .-, . _... I .*-_... /I.. .a .. I.‘h_.. ~... . .. ,.” . I. . . . . -. . . , z I1 . ' +Itn + R <- A- DEVELOPMENTAL SERVICES LAND USE PLANNINO OFFkE 1200 ELM AVENUE CARLSBAD, CA 920081969 (619) 438-5591 P- ADDRESS/lDCATION: Uts 406, 407, 408 of La Costa Unit No. 5, north side of La Costa Avenue between Rawria Street and Gibralter Street. PROJECT DESCRIPTION: map and condaninium permit to mstruct 20 dwelling units. existing 1 1/2:1 slope will be regraded to a 2:l slope. The pad areas have been pregraded as level lots for sane years. Request for approval of a tentative subdivision The The City of Carlsbad has mnducted an environmental review of the above described pmject pursuant to the Guidelines for Implementation of the California Environmental mality Act and the Environmental Protection Ordinance of the City of Carlsbad. review, a Negative Declaration (declaration that the project Will not have a significant impact on the environment) is hereby issued for the subject project. Land use Planning Office. As a result of said Justification for this action is on file in the A ~JYJ of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Camvents from the public are invited. Please sait osnanents in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: July 2, 1985 CASE No: CI! 84-31/CP-297/tr-363 Land Use Planning Manager APPLICANT: VISTAS DE LA COSTA PUBLISH MTE: July 6, 1985 ND-4 5/8 1