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HomeMy WebLinkAbout1977-04-05; City Council; 5016; 1 Lot 6 Dwelling Unit Condominium ProjectCITY 0, .ARLSBAD AGENDA BILL NO. DATE: April 5, 1977 City Atty_ DEPARTMENT: PLANNING City Mgr._jS SUBJECT: : APPROVAL OF A 1 LOT, 6 DWELLING UNIT CONDOMINIUM PROJECT, APPLICANT: S & L ENTERPRISES CASE NO: CT 77-4 STATEMENT OF THE MATTER REQUEST: This approximate 13,000 square foot parcel is located at the northeast corner of Maple Avenue and Carlsbad Boulevard. The request is-for a 6 unit air space condominium on a 1 lot subdivision. The Planning Commission recommended approval of CT 77-4. Exhibits; Planning Commission Resolution No. 1339. Staff Report dated, March 9, 1977. Location Map. Exhibit "A", dated January 31, 1977. Recommendation; It is recommended that City ATtorney be directed to prepare documents approving CT 77-4 as per Planning Resolution No. 1339. Council Action: 4-5-77 The City Attorney was directed to prepare the documents necessary for approval of CT 77-4, per Planning Cotomissiion Resolution No. 1339, and as recommended by the staff, subject to a statement being included with regard to not guaranteeing sewer capacity at the time the building permit is issued. FORM PLANNING 73 " C ' - ' '~ ' • - •1^.-. .,ff • J^"^ ~v««flpr » 1 PLANNING COMMISSION RESOLUTION-NO .. 1 339 P RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING s APPROVAL OF A ONE-LOT, SIX-DWELLING UNIT CONDOMINIUM PROJECT ON A LOT APPROXIMATELY / 13,000 SQUARE FEET IN SIZE LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF 5 MAPLE AVENUE AND CARLSBAD BOULEVARD. CASE NO.: CT 77-4 6 APPLICANT: S & L ENTERPRISES 7 WHEREAS, a verified application for a certain property, to 8 wit: 9 Lots 5 and 6, Block C, of Palisades Subdivision, in 10 the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 1747, ;Q filed in the Office of the County Recorder of San Diego County, February 5, 1923, and also listed in TO the County Assessor's Book No. 204, Page 141, Parcels 9 and 10 13 has been filed with the City of Carlsbad and referred to the 14 Planning Commission; and 15 WHEREAS, said application constitutes a request as provided 16 by the "Carlsbad Municipal Code;" and 17 WHEREAS, the public hearing to consider the subject request 18 was held on March 9, 1977, at the time and in the place specified 19 in the public hearing notice, pursuant to the provisions of the 20 Carlsbad Municipal Code; and 21 WHEREAS, at said public hearing, upon hearing and considering 22 the testimony and arguments, if any, of all persons who desired 23 to be heard, said Commission considered all factors relating 24 to the Tentative Tract Map request (CT 77-4) and found the 25 following facts and reasons to exist: 26 •1) The subject application has complied with-the requirements 27 . of the Carlsbad Environmental Protection.Act of 1972 because: 28 a) An Environmental Impact Assessment of the project has been conducted and a Negative Declaration made for the 1 2 3 4 5 6 7 8 3) The design or improvement of the proposed subdivision is consistent with the General Plan because: 10 a) " The project will provide orderly residential development b) The project will not cause excessive expansion of 12 13 „,City Public Facilities Policies and Ordinances because: 14 15 16 17 18 20 21 22 24 25 27 28 following reasons: • 1) The project is within an urbanized area in which the natural landforms and vegetation have been inalterably modified. 2) The project will not significantly increase air pollution, water runoff, traffic or noise in the area. 2) The proposed map is consistent with the General Plan because: a) The Land Use Element designates the site for residential land use at 20-30 dwelling units per acre. This project provides about 20 dwelling units per acre. publ.ic facilities and/or expense to the taxpayer. 4) The" proposed tentative tract map is consistent with applicable a) At this time, all necessary public facilities, including sewer service, are available to serve the subject project as proposed. However, sewer facilities may not be availa- ble when applications are made for building permits./' If sewer facilities are not available at the time of building permit application, building permits will not be issued until arrangements satisfactory to the City Council can be made to guarantee that all necessary sewer facilities will be available prior to occupancy. JL «7 5) The site is physically suitable for the type of development because: a) The site is an existing lot. b) All significant public improvements are existing including street improvements.23 6) The site is physically suitable for the proposed density of development because: a) Dwelling units to be provided per acre are consistent with General Plan density; and26 b) All prebuilding site preparation ha^" been accomplished previo-usly. 7) The design of the subdivision, or the imposed improvements.are -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 2 24 25 26 27 28 c not likely to cause substantial environmental damage or sub- stantially and unavoidably injure the fish or wildlife or their habitat because: a) A Negative Declaration has been made for the project for the following reasons: 1) The project is within an urbanized area in which the natural landfo'rms and vegetation have been inalterably modified. 2) The project will not significantly increase air pollution, water runoff, traffic or noise in the area. 8J 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) No such easements are required. 9) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a) Public access to the beach already exists. NOW, THEREFORE;: BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: That the above recitations are true and correct.A) B)That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to approve CT 77-4, 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 31, 1977. 2) Park-in-lieu fees shall be paid to the satisfaction of the Parks and Recreation Director prior to final map approval. 3) A landscape and irrigation plan shall be approved by the Parks and Recreation Director prior to the issuance of building permits and all landscaping and irrigation will be installed prior to final occupancy. 4} No vehicular access shall be permitted along Carlsbad Boulevard. XXXXXXXXXX -3- 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 March 9, 1977, by the following vote, to wit: AYES: Commissioners Larson, Nelson, Jose, Watson, L'Heureux. NOES: Commissioner Rombotis. ABSTAIN: Commissioner Fikes. ABSENT: None. &Eitrc LARSON; CHAIRMAN ATTEST: S. PLENDER, SECRETARY -4- STAFF REPORT ' March 9, 1977 TO: PLANNING COMMISSION FROM: . PLANNING DEPARTMENT CASE NO: CT 77-4 APPLICANT: S & L ENTERPRISES REQUEST: APPROVAL OF A 1 LOT, 6 DWELLING UNIT CONDOMINIUM PROJECT. • •* SECTION I; RECOMMENDATION Staff recommends APPROVAL of Carlsbad Tract 77-4 for the following reasons 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 site for residential land use at 20-30 dwelling units per acre. The project provides about 2.0 dwelling units per acre. 2) The design or improvement of the proposed subdivision is consis- tent 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 physcially suitable for the type of development because: a) The site is an existing lot; and b) All significant public improvements are existing including street improvements. 4) The site is physically suitable for the proposed density of development because: a) Dwelling units to be provided per acre ar'e consistent with General Plan density; and b) All pre-building site preparation has been accomplished previously. • • -1- ' 5) The design of the subdivision or the imposed improvements are not likely to cause substantial environmental damage or sub- stantially and unavoidably injure fish or wildlife or their habitat because: a) A negative declaration has been issued for the project based on the following findings: 1) The project is surrounded by urban development; 2) Public facilities are adequate to serve the project; and 3) The project has been reviewed and approved by the Coastal Commission. 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 adequate public health facilities; and b) Public sewer and water facilities are available to the site. 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) No such easements are required. . 8) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a) Public access to the beach already exists. 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 31, 1977. 2) Park-in-lieu fees shall be paid to the satisfaction of the Parks and Recreation Director prior to final map approval. 3) A landscape and irrigation plan shall be approved by the Parks and Recreation Director prior to the issuance of building permits and all landscaping and irrigation will be installed prior to final occupancy. 4) No vehicular access shall be permitted along Carlsbad Boulevard. -2- SECTION II: BACKGROUND Location and Description of Property: The 12,988.25 sqaure foot parcel is located at the northeast corner of Maple Avenue and Carlsbad Boulevard. The parcel is generally rectangular in shape and lies across Carlsbad Boulevard from the recently improved stretch of Carlsbad State Beach. Existing Zoning: Subject Property: R-3 North: R-3 South: R-3 East: R-3 West: 0-S Existing Land Use: Subject Property: Vacant North: Various density residential East: Various density residential South: Various density residential West: State Beach Past History and Related Cases: An Adjustment Plat (#110) was filed in 1976 joining two existing lots Public Facilities: Water and sewer service are available to the site by the City of Carlsbad. Attachments: . Location Map Exhibit A, dated January 31, 1977 MZ:ar (2/25/77) -3- PACIFIC OCEAN 500' Case No£T77-4 Date Rec'd: /Ay/77 PCC Date; .3/\h^ PC Description of Request: & QO/r C£)OD^A/iO/U A^ .<?O FT Address or Location of Requesty/4/g • -^- MAPZ^gT AVcv", Applicant: * 'iTni^T) or Arcl Bnef Legal :_l~. |2M/C:f? ^1A P ^ / Assessor' Book:__^x^: Page:_ f/4- / Parcel; c>O[ ^ /£> General Plan Land Use Description: RU F\"icf"5nn 7ntiA' !?>--? PrrExisting Zone: Acres: A No. of Lots: Proposed Zone: School Distnct^CM4^1BAJ&Water Sanitation District: Within Coast Plan Area: DU/Acre__2/ Coast Permit Arri: FORM PLANNING 52