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.
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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:
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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
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Case No.£T7£V£ Date Rec'd:^/ 5T /f7^DCC Date: A^
Description of Request: rf&ngDMdC, <P£ L- /nT
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of Request: k^t
Applicant': ' ^
Engr. or Arch^
Brief Legal:_?s
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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:
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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
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1
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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.
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C) That in view of the findings heretofore made and considering the applicable
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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
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per Ordinance 9190 and the Parks and Recreation Commission.11
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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
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x x x x x
X X X X X
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1 AYES: Commissioners Jose, L'Heureux, Watson, Larson, Rombotis and Jose.
2 NOES: None.
3 ABSTAIN: Commissioner Fikes.
4 ABSENT: Commissioner Nelson.
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STEPHEN M. L'HEUREUX, CHAIRMAN
ATTEST:
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101| DONALD A. AGATEP, SECRETARY
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