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HomeMy WebLinkAbout1977-03-15; City Council; 4096; Jefferson St and Buena Vista WayCITY 0, CARLSBAD AGENDA BILL NO. DATE : DEPARTMENT: March 15, 1977 PLANNING DeptT. City City Mgr. SUBJECT:15-UNIT, 1-LOT CONDOMINIUM - West side of Jefferson Street CASE NO: CT 77-1 between Laguna Drive and. APPLICANT: JOHN McKEAND Buena Vista Avenue This Tract Map was before the City Council, December 21, 1976, for a 1-lot, 7-unit condominium subdivision. At that time, the applicant re- quested that the project be withdrawn so that it could be resubmrtted as a 15-ifnit Subdivision. Evidently, the applicant was able to g'et funds for the additional units and therefore made the request for a higher ^ number of units. In the Planning Commission and staff.'s" view, 15 units are more practical on this 1 acre-site, than the originally approved 7 units. 15 units makes full use of the property, and yet provides good open areas. Resolution No. 1330 February 23, 1977 Exhibits: Planning Commission Staff Report dated, Location Map Recommendation: It is recommended that the City Council direct City Attorney to prepare documents approving CT 77-1, as per Planning Commission Resolution No. 1330 Council Action: 3_15_77 The City Attorney was instructed to prepare the documents necessary for approval subject to a condition which would require an offer of dedication for public use of the 24 ft. common driveway and a statement being included regarding sewer capacity not being guaranteed at the time the developer applies for a building permit. FORM PLANNING 73 1 PLANNING COMMISSION RESOLUTION NO. 1330 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL 3 OF THE TENTATIVE MAP REQUEST FOR A 15-UNIT, 1-LOT CONDOMINIUM PROJECT WITH RECREATIONAL 4 FACILITIES ON A ONE-ACRE PARCEL ON PROPERTY LOCATED ON THE WEST SIDE OF JEFFERSON STREET 5 . BETWEEN LAGUNA DRIVE AND BUENA VISTA AVENUE. CASE NO.: CT 77-1 6 APPLICANT: JOHN MC KEAND 7 ~ WHEREAS, a verified application for a certain property, to 8 w it: 9 That portion of Lot 1 — the northeast quarter of the 10 northeast quarter of Section 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the City 11 * of Carlsbad, in the County of San Diego, State of California, according to United States Government 12 Survey approved June 22, 1883, and also listed in the County Assessor's Book No. 155, Page 17, Parcel 13 33 14 has been filed with the City of Carlsbad and referred to the 15 Planning Commission; and 16 WHEREAS, said application constitutes a request as provided 17 by the "Carlsbad Municipal Code;" and 18 WHEREAS-, the public hearing to consider the subject request. 19 was held on February 23, 1977, at the time and in the place speci- 20 fied in the public hearing notice, pursuant to the provisions of 21 theXarlsbad Municipal Code; and 22 WHEREAS, at said public hearing, upon hearing and considering 23 the testimony and arguments, if any, of all persons who desired 24 to be heard, said Commission considered all factors relating 25 to the Tentative Tract Map request (CT 77-1) and found the 26 following facts and reasons to exist: 27 !)• The subject application has complied with the requirements of the Carlsbad Environmental Protection Act of 1972 because: 28 ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 '24 25 26 27 28 a) Negative Declarations had been issued for earlier requests on the property. The subject project is, therefore., considered consistent with the Carlsbad Environmental Protection Ordinance by Prior Compliance. 2) The proposed tentative tract 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 15 dwelling units per acre. 3) The design or improvement of the proposed subdivision is consistent with the General Plan because: a) The project will provide orderly residential development. b) The project will not cause excessive expansion of public facilities and/or expense to the taxpayer. 4) The proposed tentative tract map is consistent with applicable • City Public Facilities Policies and Ordinances because: a) All basic public facilities exist for the s'.te. 5) The site is physically suitable for the type of development because: a) The parcel has sufficient flat ar.ea to accommodate the proposed structures within ordinance requirements. 6) 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 significant interference with the existint bank or mature vegetation. * 7) -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) Negative Declarations have been issued for previous requests of a similar nature on the site. 8) The design of the subdivision or the type of improvements are not likely to cause serious public health problems because: a) Conditions of approval will insure the above. 9) 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: -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a) Conditions of approval will insure necessary service easement access. 10) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a) No public access was available over the subject prop- erty under the previous land use (single-family residence). b) The subject property does not legally front on any of the above. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct; B) That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission .is to approve CC 77-1, subject to the following 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 January 13, 1977. 2) The Final Map shall be completed with 18 months from the date of the City Council action on the Tentative Map. Two extensions of one year each may be approved by the 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 encum- brances. 4) In order to provide for reasonable fire protection dur- ing the.construction period, the subdivider.shall main- tain 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 recordation 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 -3- . " 18 19 20 24 25 26 27 28 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 tngineer. They shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties and in conform- ance with the Geologic and Seismic Safety Element of the 'General PI an . 7) Storm drainage collected within the improved surfaced of the proposed condominium project shall be directed to the Lagoon through a closed conduit drainage system, 8) An onsite fire hydrant shall be installed as required by the Fire Marshall, and served by a public waterline extension. A secured improvement agreement shall be executed and a 15-foot wide public waterline easement ' shall be dedicated as follows: a) If the site plan is finalized and the hydrant location is determined prior to the recordation of the Final Map, then the easement shall be dedicated on the Final Map and the agreement shall be executed prior to approval of the final map. b) If the site plan is not finalized and the hydrant location is not determined, then the easement and agreement shall be processed after Final Map re- cordation and prior to building permit issuance, under the provisions of Chapter 14.40 of the 9) The existing driveway opening in the lot frontage shall be removed and a 24-foot driveway opening shall be installed, according to City of Carlsbad standards, at the entrance to the proposed joint driveway. 10) All mature vegetation on site will be retained to the satisfaction of the Parks and Recreation Director,21 11) 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. 12) Land adjacent to Buena Vista Lagoon that is necessary for public access along the shoreline, as determined by the Parks and Recreation Director, shall be dedi- cated prior to or concurrent with Final Map recorda- . tion. The applicant shall submit to the Parks and Recreation Director a survey plat of th'is park dedica- tion. The dedication shall be in proper alignment with the previously dedicated portion from the property adjacent to the north. XXXXXXXXXX -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND-ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on February 23, 1977, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT:• Commissioners Larson, Rombotis, Nelson, Jose ,VJatson and L'Heureux. None. None. Commissioner Fikes. LARSCTN, CHAIRMAN ATTEST: S RALPHS. PLENDER, SECRETARY "* 3 ™" STAFF REPORT February 23, 1977 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: CT 77-1 APPLICANT: JOHN McKEAND REQUEST: APPROVAL 'OF A 15-UNIT, 1-LOT. CONDOMINIUM WITH RECREATIONAL FACILITIES ON A(l)ACRE PARCEL. SECTION I: RECOMMENDATION: It is recommended that CT 77-1 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 15 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 to accommodate the pro- posed 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 significant interference with the existing bank or mature vegetation; and 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) Negative declarations have been issued for previous requests of a similar nature on the site. -1- 6) The design of the subdivision or the type of improvements are not- likely to cause serious public health 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 service easement 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 available 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 January 1-3, 1977. 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 decisi on.. 3) All public improvements shall be made in conformity with the subdivision Ordinance and other City standards to the satisfaction of the City Engineer, with.out 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 and encumbrances. No easements shall be recorded prior to record- ation 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 Ci.ty Engineer. The report . and plan shall be prepared by civil engineers licensed by the State of California and experienced in erosion control, who -2- 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) An onsite fire hydrant shall be installed as required by the Fire Marshall, and served by a public waterline extension. A secured improvement agreement shall be executed and a 15 foot wide public waterline easement shall be dedicated as follows: a) If the site plan is finalized and the hydrant location is determined prior to the recordation of the final map; then the easement shall be dedicated on the final map and the agreement shall be executed prior to approval of the final map; b) If the site plan is not finalized and the hydrant location is not determined, then the easement and agreement shall be processed after final map recordation and prior to building permit issuance, under the provisions of Chapter 14.40 of che CMC. 9) 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. 10) All mature vegetation on site will be retained to the satisfaction of the Parks and Recreation Director. 11) 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. 12) Land adjacent to Buena Vista Lagoon that is necessary for public access along the shoreline, as determined by the Parks and Recreation Director, shall be dedicated prior to or concurrent with final map recordation. The applicant shall submit to the Parks and Recreation Director a survey plat of this park dedication. The dedication shall be in proper alignment with the previously dedicated portion from the property adjacent to the north. -3- SECTION II: BACKGROUND: - , Location and Description of Property: The parcel is located on the west side of Jefferson between Laguna and Buena Vista. 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: R-3 North: R-3 South: R-3 East: R-3 West: R-l-10,000 Existing Land Use: Subject Property: Vacant Single Family Residence North: Condominiums South: Apartments East: Single Family Residences West: Vacant and Buena Vista Lagoon Past History and Related Cases: 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 Reso- lution No. 3284, dated December 18, 1973.(CT 73-50). CT 73-50 expired. The applicant reapplied, (CT 76-16) for a similar project October 4, 1976. The project request was for 7 units rather 'than the previously approved. 15 unit project. CT 76-16 was approved by the Planning Commission (P.C. Reso. 1294), and sent to the City Council. At the December 21, 1976 City Council meeting, the applicant requested the project to be withdrawn. The applicant has now reappl'ied for the same project as approved by CT 73-50 -4- - " Environmental Impact Information: Negative Declarations have been issued for the initial 15 unit request and for the subsequent 7 unit request. The subject project is, therefore, considered consistent. with the Carlsbad Environmental Protection Ordinance by prior compliance. General Plan Information: The Land Use Plan designates the subject property as Residential Medium High Density (10-20 dwelling units per acre). Public Facilities: Water and sewer service to the site is available from the City. Incidental Information: Staff guesses that reasons behind the submittal for 7 units, then 15 units, are based on the availability of financing and Coastal Com- mission requirements. Major Planning Consideration: Are these new considerations that would change the previous circum- stances resulting in approval? SECTION III: DISCUSSION: Staff does not feel that circumstances have changed since approval was granted for CT 73-50. As a practical matter, staff considers CT 72-10 and the subject project the same subdivision. The subject is similar to a "second phase". It should be pointed out, that the subject project and the project to the north (CT 72-10) are designed to utilize a common driveway and parking facilities. 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. A number of concerns regarding circulation and parking have been raised by staff. Because the current request is for a subdivision, these issues are not subject to total evaluation at- this point, staff feels that if the plans for the total development remain the same, specific problems should be resolved through the building permit process. Staff feels that the requested subdivision can work conceptually, and that the above problems can be resolved adequately at the building no rnri t Q f a n P TH:ar 2/17/77 -5- VICINITY MAR &/ BUEMA VISTA SCALE