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HomeMy WebLinkAbout1976-12-07; City Council; 4024; Tentative map approval condominium projectC CITY OF CARLSBAD AGF/NDA BILL NO. 'f03/'f Initial: Dept.Hd. DATE: December 1, 1976 c Attv DEPARTMENT: PLANNING C. Mgr. (\ . T Subject: CAS£ NQ. CT-76-16 Tentative Map Approval, West side of Statement of the Matter REQUEST: . The applicant is requesting approval of a Seven Dwelling Unit One Lot Condominium Project on a One Acre Parcel on the West side of Jefferson Avenue adjacent to Buena Vista Lagoon. The Planning Commission is rec- ommending approval per staff recommendation with addition that condition Seven be modified to provide a silt trap in the drainage system. Exhibit: Staff report Planning Commission Resolution No. 1294, of November 8, 1976. Recommendation: If the City Council concurs with the recommendation of the Planning Commission, it is recommended that the City Council direct the City Attorney to prepare necessary documents approving CT 76-16, per Planning Commission Resolution No. 1294. Council action 12-7-76 The City Attorney was instructed to prepare the necessary documents for approval of the tentative map, to include the rewording of Condition #8 of Planning Commission resolution #1294. STAFF REPORT November 8, 1976 TO: PLANNING COMMISSION ; FROM: PLANNING DEPARTMENT, CASE NO.: CT 76-16 APPLICANT: JOHN McKEAND REQUEST: Approval of a 7 unit, 1 lot, condominium with recreational facilities on a 1 acre parcel " SECTION I: RECOMMENDATION It is recommendation that CT 76-16 be APPROVED because of the following findings and subject to the following conditions: FINDINGS 1) The proposed map is consistent with the General Plan because: a) The Land Use Element designates the area for Residential Medium-High density (10-20 dwelling units per acre). The . project provides 7 dwelling units per acre. 2) The design or improvement of the proposed subdivision is consistent with the General Plan because: a) The project will provide orderly residential development; and b) The project will not cause excessive expansion of public facilities and/or expense to the taxpayer. 3) The site is physically suitable for the type of development be- cause: a) The parcel has sufficient flat area with no significant vegetation to accommodate the proposed structures within ordinance requirements. 4) The site is physically suitable for the proposed density of development because: a) Clustering the dwelling units allows for reduced land coverage and elimination of interference with the existing bank or mature vegetation; and b) The dwelling units requested are fewer per acre than allowed by the General Plan. 5) The design of the subdivision or the imposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because: a) A negative declaration has been issued based on the follow- ing findings: 1) Significant vegetation on site will be retained; i 2) Minimal grading will occur - none on lagoon slopes; and 3) The site is surrounded by urbanization. 6) The design of the subdivision or the type of improvements are not likely to cause serious public helath problems because: a) Conditions of approval will insure the above. 7) The design of the subdivision or the type of improvements will not conflict with easements required by the public at large for access through or use of, property within the proposed subdivision because: a) Conditions of approval will insure necessary easement service access. 8) The subdivision will not prohibit reasonable access to public water- ways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a) No public access was avai1able. over the subject property under the previous land use (single-family residence). b) The subject property does not legally front on any of the above. CONDITIONS 1) The approval is granted for the land described in the application and any attachments thereto and as shown on the Plot Plan submitted labeled Exhibit A, dated 10/5/76. The location of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit A, except or unless indiated otherwise herein. 2) Final Map shall be completed within 18 months from the date of City Council action on the Tentative Map. Two extensions of one year each may be approved by City Council upon staff review of the original decision. ' 3) All public improvements shall be made in conformity with the Subdivision Ordinance and other City standards to the satisfaction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. 4) In order to proSKv.e for reasonable fire prW^tion during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 5) All land and/or easements required shall be granted to the City of Carlsbad without cost to the City and free of all liens and encumbrances. No easements shall be recorded prior to recorda- tion of the final map unless approved by the City Engineer. 6) The improvement and grading plans shall include a report of a geological investigation and a complete grading plan of the entire site, when required by the City Engineer. The report and Plan shall be prepared by civil engineers licensed by the State of California and experienced in erosion control, who shall be acceptable to the City Engineer. They shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighbor- ing properties and in conformance with the Geologic and Seismic Safety Element of .the General Plan. 7) Storm drainage collected within the improved surfaced of the proposed condominium shall be directed to the lagoon through a closed conduit drainage system. 8) Prior to recordation of the final map, reciprocal easements shall be recorded to protect the joint use of a 24 foot wide driveway strip between the owners of the lot and the northerly adjacent lot. 9) An onsite fire hydrant shall be installed, as required by the Fire Marshall, and served by a public waterline extension approved by the City Engineer. A 12 foot public waterline easement shall be dedicated on the final map. Meters for domestic and landscape irrigation water shall be installed at the end of the waterline extension. 10) The existing driveway opening in the lot frontage shall be re- moved and a 24 foot driveway opening shall be installed, accord- ing to City of Carlsbad standards, at the entrance to the proposed joint driveway. 11) All mature vegetation on site will be retained to the satisfaction of the Parks and Recreation Director. 12) A landscape and sprinkler system plan shall be submitted to the Parks and Recreation Director for evaluation and approval prior to recordation of the Final Map. SECTION II: BACKGROUND Location and Description of Property: The parcel is located on the west side of Jefferson between Laguna and Buena Vista. -3- /•s W The site is rectangular with 88 feet of frontage and 495 feet of depth. The western edge of the property is adjacent to Buena Vista Lagoon. The site is generally flat, ranging from 60 to 55 feet in elevation. There is a rapid drop in elevation from 50 feet to about 30 feet along the western property boundary. The eastern part of the property is the site of a vacant single family residence and shed in dilapidated condition. These are to be demolished A number of mature trees and shrubs are located around the existing structures. They appear to be in good condition. Existing Zoning: Subject Property: North: South: East: West: Existing Land Use: Subject Property: North: South: East: West: Past History and^Related Cases: R-3 R-3 R-3 R-3 R-l-10,000 Vacant Single Family Residence Condominiums Apartments Single Family Residences Vacant and Buena Vista Lagoon City Council Resolution No. 2039 (July 5, 1972) approved Carlsbad Tract 72-10 for 15 condominium units on approximately 1 acre. This development was built on the northerly property adjacent to the subject property. The applicant for the subject request had an approval for a 15 unit condominium project on the subject property under City Council Resolu- tion No. 3284, dated December 18, 1973 (CT 73-50). CT 73-50 expired, therefore, the applicant has reapplied. The new request is for half of the originally approved units. This eliminates two major structures previously proposed. Environmental Impact Information: A negative declaration has been issued for the project based on the following findings: -4- 1) Significant vegetation on site will be retained; 2) Minimal grading will occur - none of lagoon slopes; and 3) The site is surrounded by urbanization. General Plan Information: • The Land Use Plan Map designates the subject property for Residential Medium High Density (10-20 dwelling units per acre). Public Facilities: Water and sewer service to the site is available from the City. The Carlsbad Unified School District indicated availability of school facilities for the previously approved Tract Map (CT 73-50). Major Planning Consideration: Arethere new considerations that would change the previous circumstances resulting in approval? DISCUSSION Staff does not feel that circumstances have changed since approval was granted for CT 73-50. Presumably, the elimination of seven units is the result of the anti- cipation of Coastal Commission requirements. Staff is happy to see the retention of existing mature trees on the property. The previously approved plan would have eliminated some of the trees. The condition of approval requiring reciprocal access easements for the use of the interior driveway will insure common use of the drive and guest parking facilities for the subject project and CT 72-10 to the north. As a practical matter, staff considers CT 72-10 and the subject project the same subdivision. The subject project is similar to a "second phase". TH:mdp (10/28/76) Attachments: Exhibit A, dated 10/5/76 Location Map Area Map -5- _ — 1 fnN\J) JF n rf c_ II-nm XJ CO O7» wH BUENA VISTA WAY 7\. \ BUENA PL0 KNOWLES AVE "^ r I /J / f\j ~ ^* N^ n 500 SCALE Case No.£T7£V£ Date Rec'd:^/ 5T /f7^DCC Date: A^ Description of Request: rf&ngDMdC, <P£ L- /nT , ff of Request: k^t Applicant': ' ^ Engr. or Arch^ Brief Legal:_?s "7" Assessor Book: /5"^~ Page General Plan Land Use Description: Existing Zone: Acres: Parcel No. of Lots: School District: Proposed Zone:_ " / DU's DU/Acre Water Sanitation District: Within Coast Plan Area:Coast Permit Area: >« ^v?-| »:ffs^ CQPY SEC -1 -437.70 n>^_>n -4.70 o *-o >• *n?^.r f~i *«* C•- c y o 3f * Sc •» ~^vTpF.^f.%!' ^ - ^ ff"""^"•^r":: - > -S:.-. ."-. j .-"-..y» ."• "{-?•^ -•.\k--------•>•;•-.v. :.-> ./y;:-. "•• ^.a 1 2 3 4 5 6 7 8 9 10 11 12 20 22 24 2? PLANNING COMMISSION RESOLUTION NO. 1294 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOM- MENDING APPROVAL OF THE TENTATIVE MAP REQUEST FOR A SEVEN UNIT, ONE LOT, CONDO- MINIUM PROJECT ON PROPERTY LOCATED ON THE WEST SIDE OF JEFFERSON BETWEEN LAGUNA AND BUENA VISTA. CASE NO.: CT 76-16 APPLICANT: JOHN McKEAND WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did on November 8, 1976, hold a duly noticed public hearing to consider a request by John McKeand; and WHEREAS, a verified application for certain property, to wit A portion of Section 1, T-12-S, R-5-W, S.B.B.& M. in the City of Carlsbad, County of San Diego, State of California has been filed with the City of Carlsbad and referred to the Plan- ning Commission; and WHEREAS, said application constitutes a request as provided by the "Carlsbad Municipal Code"; and WHEREAS, the applicant has complied with the Public Facility Policy of the City of Carlsbad and has provided the necessary in- formation which ensures Public Facilities will be available con- current with need; and WHEREAS, the proposed map meets or performs the requirements or conditions of the "Carlsbad Municipal Code" or the Subdivision Map Act; and WHEREAS, at said hearing, a staff report was presented and all persons desiring to speak of the subject request were heard. At the conclusion of said hearing, after considering all the evidence presented, the Planning Commission made certain findings and reached a decision on the request as hereinafter set forth. 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of 3 the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That the Planning Commission makes the following findings of c fact:D „ 1) The proposed map is consistent with the General Plan because: o a) The Land Use Element designates the area for Residential Medium-High density (10-20 dwelling units per acre). The project provides 7 dwelling units per acre. 2) The design or improvement of the proposed subdivision is consistent with the General Plan because: a) The project will provide orderly residential development; 12 and -,., b) The project will not cause excessive expansion of public facilities and/or expense to the taxpayer. 3) The site is physically suitable for the type of development be- cause: a) The parcel has sufficient flat area with no significant vegetation to accommodate the proposed structures within •,« ordinance requirements. ,Q 4) The site is physically suitable for the proposed density of development because: 19 a) Clustering the dwelling units allows for reduced land 2Q coverage end elimination of interference with the existing bank or mature vegetation; and 21 b) The dwelling units requested are fewer per acre than allowed 22 by the General Plan. 23 5) The design of the subdivision or the imposed improvements are not likely to cause substantial environmental damage or 24 substantially and unavoidably injure fish or wildlife or their habitat because: 25 a) A negative declaration has been issued based on the follow- ing findings: 27 1) Significant vegetation on site will be retained; 2Q 2) Minimal grading will occur - none on lagoon slopes; and -2- 1 2 likely to cause serious public health problems because: 3 a) Conditions of approval will insure the above. 4 a) Conditions of approval will insure necessary easement service access.8 8) The subdivision will not prohibit reasonable access to public water- ways, rivers, streams, lakes, reservoirs, coastlines or shorelines because:10 a) No public access was available over the subject property under 11 the previous land use (single-family residence). b) The subject property does not legally front on any of the above. 13 C) That in view of the findings heretofore made and considering the applicable 14 20 24 25 3) The site is surrounded by urbanization. 6) The design of the subdivision or the type of improvements are not 7) The design of the subdivision or the type of improvements will not conflict with easements required by the public at large for access through or use of, property within the proposed subdivision because: law, the decision of the Planning Commission is to approve CT 76-16 subject to the following conditions:15 1) The approval is granted for the land described in the application and any attachments thereto and as shown on the Plot Plan submitted labeled Exhibit A, dated 10/5/76. The location of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit A, except or unless indiated otherwise herein. 2) Final Map shall be completed within 18 months from the date of City Council action on the Tentative Map. Two extensions of one year each may be approved by City Council upon staff review of the original decision. 3) All public improvements shall be made in conformity with the Subdivision Ordinance and other City standards to the satisfaction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. 4) in order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 5) All land and/or easements required shall be granted to the City of Carlsbad without cost to the City and free of all liens and28 "" O *™ 1 tion of the final map unless approved by the City Engineer. 2 6) The improvement and grading plans shall include a report of a 5 6 8 9 10 per Ordinance 9190 and the Parks and Recreation Commission.11 12 15 18 22 28 encumbrances. No easements shall be recorded prior to recorda- geological investigation and a complete grading plan of the entire site, when required by the City Engineer. The report and Plan shall be prepared by civil engineers licensed by the State of California and experienced in erosion control, who shall be acceptable to the City Engineer. They shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighbor- ing properties and in conformance with the Geologic and Seismic Safety Element of the General Plan. 7) Storm drainage collected within the improved surface of the proposed condominium shall be directed to the lagoon through a closed con- duit drainage system equipped with a silt trap. 8) The applicant shall dedicate land adjacent to Buena Vista Lagoon 9) Prior to recordation of the final map, reciprocal easements shall be recorded to protect the joint use of a 24 foot wide driveway strip between the owners of the lot and the northerly adjacent lot. 10) An onsite fire hydrant shall be installed, as required by the Fire Marshall, and served by a public water! ine extension approved by the City Engineer. A 12 foot public waterline easement shall be dedicated on the final map. Meters for domestic and landscape irrigation water shall be installed at the end of the waterline extension.17 11) The existing driveway opening in the lot frontage shall be re- moved and a 24 foot driveway opening shall be installed, accord- ing to City of Carlsbad standards, at the entrance to the proposed joint driveway. 20 12) All mature vegetation on site will be retained to the satisfaction of the Parks and Recreation Director.21 13) A landscape and sprinkler system plan shall be submitted to the Parks and Recreation Director for evaluation and approval prior to recordation of the Final Map. PASSED, APPROVED AND ADOPTED at a regular meeting held on the 8th day of24 November, 1976, by the Carlsbad Planning Commission by the following vote, to25 26 x x x x x X X X X X -4- 1 AYES: Commissioners Jose, L'Heureux, Watson, Larson, Rombotis and Jose. 2 NOES: None. 3 ABSTAIN: Commissioner Fikes. 4 ABSENT: Commissioner Nelson. 5 6,, STEPHEN M. L'HEUREUX, CHAIRMAN ATTEST: 8 9 101| DONALD A. AGATEP, SECRETARY 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28