HomeMy WebLinkAbout1977-04-19; City Council; 5030; 48 Unit 1 Lot Air Space Subdivisionw CITY 0. CARLSBAD N^
P+ I n i t i a-1 :
AGENDA BILL NO. O03O [ • Dept. Hd
DATE: April 19, 1977 CityAtty
DEPARTMENT: PLANNING . City Mgr. /s/
SUBJECT:
CASE NO: CT 77-5
APPLICANT: PELICAN PROPERTIES
APPROVAL OF A TENTATIVE TRACT MAP TO PROVIDE A 48 UNIT, 1 LOT AIR SPACE SUBDIVISION.
STATEMENT OF THE MATTER
REQUEST;
The subject property is situated on the south side of Walnut Avenue,
between Lincoln Street and Washington Street. This request is a
new subdivision of land which was originally approved by the City
Council on August 7, 1973, for an 87-unit condominium project.
This new application was originally submitted as a land division
Planned Unit Development. This Planned Unit Development Plan included
all building, parking and open space as required by the PUD Ordinance
regulations. However, the applicant modified the request prior to the
Planning Commission to change from Planned Unit Development to air
space condominium.
The Carlsbad Zoning Ordinance has no provisions for regulating the
site plan of air space condominiums. However, at the Planning Commission
meeting, concerned citizens in the area had many comments on the pro-
posed development as it related to building locations and parking
requirements. However, since this was strictly a subdivision map
dealing only with air space condominiums, their concerns could not be
acted upon. ^.-— •---
To reduce further complications in this matter, a new map Jias been
submitted to City Council that excludes all building and parking layouts.
The map submitted to City Council meets all the requirements of the
subdivision ordinance as a tentative subdivision map for a condominium
project.
EXHIBITS;
Planning Commission Resolution No. 1348
Staff Report dated March 23, 1977
Exhibit B, dated April 7, 1977.
City Council Resolution No. 3187
Memo to City Manager, dated April 13, 1977
RECOMMENDATION;
It is recommended that City Attorney be directed to prepare the
necessary documents approving CT 77-5, as per Planning Commission
Resolution No. 1348.
(See Page 2 for Council action)
FORM PLANNING 73 &
AGENDA BILL NO. 5030 Pa9e 2i i
Council action
4-19-77 The matter was continued to the adjourned regular meeting
to be held April 26, 1977.
4-26-77 Following the Public Hearing the Council instructed the City
Attorney to prepare the documents necessary approving CT 77-5
as per Planning Commission Resolution No. 1348, and to include
the findings of Option No. 3 as outlined in the City Attorney's
memorandum dated April 25, 1977; further, that any future
allocation of capacity rights be subject to such allocation
plan or plans as may be passed by Council at some subsequent time,
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PLANNING COMMISSION RESOLUTION NO. 1348
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP TO PROVIDE
A 48 UNIT, ONE LOT AIR SPACE SUBDIVISION,
LOCATED ON THE SOUTH SIDE OF WALNUT AVENUE
BETWEEN LINCOLN STREET AND WASHINGTON STREET.
CASE NO.: CT 77-5
APPLICANT: PELICAN PROPERTIES, INC.
WHEREAS, a verified application for a certain property,
to wit:
Tract 220 of Thum Lands, in the City of Carlsbad,
County of San Diego, State of California, according
to Map thereof No. 1681,'filed in the office of the
County Recorder of San Diego County, December 9, 1915.
Tract 224 of Thum Lands, in the City of Carlsbad,
County of San Diego, State of California, according
to Map thereof No. 1681, filed in the office of the
County Recorder of San Diego County, December 9, 1915
Assessor's Book 204, Page 132, Parcels 10-11-12-13
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as provided
by the "Carlsbad Municipal Code;" and
WHEREAS, the public hearing to ^consider the,subject request
was held on March 23, 1977, at the time and in the place specified
in the public hearing notice, pursuant to the provisions of the
Carlsbad Municipal Code; and
WHEREAS, at said .public hearing, upon hearing arid con-
sidering the testimony and arguments, if any, of all persons who
desired to be heard, said Commission considered all factors re-
lating to the Tentative Tract Map request.(CT 77-5) and found
the following facts and reasons to exist:
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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 24 dwelling units per acre.
2) The design or improvement of the proposed subdivision is con-
sistent 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
because:
a) The site has been rough-graded and is relatively flat;
and
b) No significant vegetation or topography exists on-site
that would hinder appropriate improvements.
4) 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; and
b) No unusual circumstances that would necessitate a
lesser density.
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 for a similar
project (CT 73-13) on the subject site.
b) The site has been rough-graded and is relatively flat.
c) The project is surrounded by urbanization; and
d) No significant vegetation exists on-site.
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.
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7) The design of the subdivision or the type of improvements will
not confict with easements required by the public at large
for access through or use of property within the proposed sub-
division because:
a) Easements may be created to the satisfaction of the City
Engineer.
8) The subdivision will not prohibit reasonable access to public
waterways, rivers', streams, lakes, reservoirs, coastlines or
shorelines because:
a) The subdivision does 'not front on any of the above. ;
9) The subject application has complied with the requirements of
the Carlsbad Environmental Protection Ordinance of 1972
because:
a) A Negative Declaration has been issued"for a similar
project (CT 73-13) on the subject site. The project
is, therefore, considered consistent by Prior Compliance.
10), The proposed tentative tract map is consistent with applicable
City Public Facilities Policies and Ordinances because:
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 avail-
able 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.
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
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of the City of Carlsbad as follows:
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A) That the above recitations are true and correct.
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B) That in view of the findings heretofore made and considering
the applicable law, the decision of the Planning Commission
is to approve CT 77-5, subject to the following conditions:
1) The approval is grated for the land described in the
application and any attachments thereto and as shown on the
Plot Plan submitted labeled Exhibit A, dated February 9,
1977. '
2) Park-in-lieu fees will be required to the satisfaction of
the Parks and Recreation Director prior to Final Map issuam
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3) Ornamental street lighting shall be provided for as required
by Municipal Ordinance. The developer shall deposit cash
in the amount necessary to energize said street lights for
an 18 month period after construction, to permit the .
incorporation of the subdivision into a maintenance district,
4) Half street frontage improvements based on a 30 foot half
street section, shall be installed on Lincoln Street and
Walnut Avenue.
5) Washington Street shall be improved to a special section
along the property frontage, haying a 28' curb to curb
dimension (no parking) and a standard sidewalk. A walkway
easement for the sidewalk shall be dedicated on the final
map.
" 6) Twenty foot radius property line returns shall be dedicated
on the final map at the intersections.
7) The proposed storm drain is not specifically approved as
shown, but shall be installed according to the approved
. improvement plans.
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8) On site fire hydrants, if any, shall be provided as
required by the Fire Marshall. They shall be served
by public water line extensions having an alignment and
capacity approved by the Fire Marshall and City Engineer.
Twelve foot water line easements shall be dedicated and
construction shall be guaranteed by bond or cash deposit
prior to issuance of building permits.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on March 23, 1977
by the following vote, to.wit: »
AYES: • Commissioners Rombotis, Nelson, Jose and
L'Heureux
NOES: None
ABSENT: Commissioner Watson
ABSTAIN: Commissioners Fikes, Larson
ERIC LARSON, CHAIRMAN
ATTEST
STAFF REPORT .,- '
DATE: MARCH 23, 1977
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
CASE NO: CT 77-5
APPLICANT: PELICAN PROPERTIES
REQUEST: APPROVAL OF A TENTATIVE TRACT MAP TO PROVIDE A
48-UNIT, 1-LOT AIR SPACE SUBDIVISION.
RECOMMENDATION;
Staff recommends APPROVAL of Carlsbad Tract 77-5 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 20-3.0 dwelling units per acre. The project
provides 24 dwelling units per acre.
2) The design or improvement of the proposed subdivision is con-
sistent 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
because:
a) The site has been rough-graded and is relatively flat; and
b) No significant vegetation or topography exists on-site that
would hinder appropriate improvements.
4) The site is physically suitable for the proposed density of devel-
opemnt because:
a) Dwelling units to be provided per acre are consistent with
General Plan density; and ,
* s.
b) No unusual circumstances exist that would- necessitate a
lesser density.
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 Dec^ation has been issued for.a similar project
(CT 73-13) on ^-fe subject site; • '
b) The site has been rough-graded and is relatively flat;
. c) The project is surrounded by urbanization; and
d) No significant vegetation exists on-.site..
6) The design of the subdivision or the type of improvements are not like-
ly to cause serious public health problems because:
a) Conditions of approval will insure adequate public health
facilities.
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) Easements may be created to the satisfaction of the City
Engineer.
8) The subdivision will not prohibit reasonable access, to public
waterways, rivers, streams, lakes, reservoirs, coastlines or shore-
lines because:
a) The subdivision does not front on any of the above.
9) The subject application has complied with the requirements of the
Carlsbad Environmental Protection Ordinance of 1972 because:
a) A Negative Declaration has been issued for a similar project
(CT 73-13) on the subject site. The project is, therefore, is
considered consistent by Prior Compliance.
10) The proposed tentative tract map is consistent with applicable
City Public Facilities Policies and Ordinances because:
a) At this time all necessary public facilities, including sewer
service, are available to serve the subject project as pro-
posed. However, sewer facilities may not be available when
applications are made for building permits. If sewer facili-
ties are not available at the time of building permit appli-
cation, building permits will not be issed until arrange-
ments satisfactory to the City Council can be made to
guarantee that all necessary sewer facilities will be available
prior to occupancy.
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 February 9, 1977.
2) Final Map shall be completed within 18 months from the date of
final City Council action on the Tentative Subdivision Map. Two
extensions of one year each may be approved by the City Council
upon staff review of the original decision.
/3) Park-in-lieu fees will be required to the satisfaction of the •
Parks and Recreation Director, prior. to Final Map issuance. •:
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4) In order to provide for reasonable fire . protect!on during the
construction period, the subdivider shall maintain passable
vehicular access to all buildings.
5) Ornamental street lighting shall be provided for as required by
Municipal Ordinance. The developer shall deposit cash in the
amount necessary to energize said street lights for an eighteen
month period after construction, to permit the incorporation of
the subdivision into a maintenance district.
6) 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.
7) Half street frontage improvements based on a 30 foot half street
section, shall be installed dn Lincoln Street and Walnut Avenue.
8) Washington Street shall be improved to a special section along the
property frontage, having a 28' curb to curb dimension (no parking)
and a stan-dard sidewalk. A walkway easement for the sidewalk shall
be dedicated on the final map.
9) Twenty foot radius property line returns shall be dedicated
on the final map at the intersections.
10) The proposed storm drain is not specifically approved as shown, but
shall be installed according to the approved improvement plans.
1"1) On site fire hydrants, if any, shall be provided as required by the
Fire Marshall. They shall be served by public'water 1ine,extensions
having an alignment and capacity approved by the Fire Marshall and
City Engineer. Twelve foot water line easements shall be dedicated
and construction shall be guaranteed by bond or cash deposit prior
to issuance of building permits.
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BACKGROUND
Location and Description of Property:
The 2-acre parcel is located on the south side of Walnut Avenue between
Lincoln Street and Washington Street.
The parcel has been rough-graded and does not contain any significant
vegetation or topography. The parcel is relatively flat with a slight
depression running north-south across the middle of the site.
Street improvements do not exist on Walnut Avenue, Lincoln Street or
Washington Street.
The site is'adjacent to the AT&SF right-of-way along Washington Street.
Existing Zoning
Subject Property: R-3
North: R-3
South: R-3
East: AT&SF, R-O-W & RD-M
West: R-3
Existing Land Use
Subject Property: Vacant
North: SFRl'S and Apartments
South: SFR1 s and Apartments
. East: AT&SF, R-O-W — - . .
West: SFR''S and Apartments ' '
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.Past History and Related Cases: '
The subject stte was approved for an 87-unit condominium project by
City Council Resolution No. 3187 on August 7, 1973.
The project was subsequently approved by the Coastal Commission with
modification and lowering of density to 24 dwelling units per acre.
Environmental Impact Information:
A Negative Declaration was issued for a similar project under the •
previous Tract Map consideration (CT 73-13). The current project
therefore meets the Carlsbad Environmental Protection Ordinance of 1972 by
Prior Compliance.
General Plan Information:
The Land Use Element of the General Plan designates the site for
Residential High Density (20-30 d.u.'s per acre).
Public Facilities:
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 available 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 arrange-
ments satisfactory to the City Council can be made to guarantee that
all necessary sewer facilities will be available prior to occupancy.
Major Planning Consideration:
Is the proposed subdivision consistent with the General Plan?
DISCUSSION
The proposed subdivision will provide density within that allowed by
the General Plan.
Con-ditions of approval will insure adequate public improvements as
required by" the various City Departments.
The review of site design for the project and the evaluation of the
project in the context of the various applicable ordinances will take
place at the building permit stage.
ATTACHMENTS: . -
Exhibit A, dated 2/9/77
Location Map
C.C. Resolution No. 3187 -
TH:cpl : ., *
sam 3-17-77
AR: 3/25/77
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CHESTNUT AVEhJUE
No.^r7^-^Date Rec'd: ^• * * ^ ""^s
Descri pti on of Request: /I"/"" -raj
Address or Location of Request:.
L/M to/rt ''^ "—' '-^-t^
Applicant: •• *Engr. or Arch.
Brief Legal:
\ssessor Book: 2j
Existing Zone:
Acres; 2/>V I t J « ^~School District^.....^^^Water Sanitation District:.
Within Coast Plan Area:.
PrldS* /"f*£—^^pEisa^55capti.S:±Sr-
_. .# nt ^. ^—• W
Parcel:.
• • Proposed Zone:-— r nn«DU's
Toast Permit Area:.
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. . ' RESOLUTION NO. 318? ' •
A RESOLUTION OF THE CITY COUNCIL OP THE CITY 0? ' . "
CARLSBAD, CALIFORNIA, APPROVING TENTATIVE MAP
(CT 73-13), A DEVELOPMENT 0? 87 UNIT CONDOMINIUMS
ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE 0?
WALNUT AVENUE BETWEEN LINCOLN STREET AND THE . "
A.T. & S.F. RAILROAD RIGHT-OF-WAY.
. (Richard Russell)
WHEREAS, on the 2Hh day of July, 1973, the Carlsbad City
Planning Commission adopted Resolution No. 933, recommending
to the City Council that Tentative Map (CT 73-13) be
conditionally approved; and ,
- WHEREAS, the City Council of the City of Carlsbad/on the
7th day of August - , 1973, considered the
recommendation of the Planning Commission; and
WHEREAS, said application has complied with the require-
ments of the "City of Carlsbad Environmental Protection
Ordinance of 1972" and has been declared to have a
non-significant impact oh the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, as follows:
A. That the above recitations are true and correct.
B. That Tentative Map (CT 73-13) is hereby approved,
subject to the execution and/or fulfillment of the'follov/ing
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conditions: . . .
1. The'applicant shall construct' full half-streetimprovements on Lincoln Street and Walnut
• ..Avenue to residential collector street standards.
.2. The applicant shall enter into a future agree-
ment to construct full half-street improvements
along Washington Street.
3. The applicant shall dedicate 30 ft. half-vridth .
street for Washington Street.
k, \ The developer shall install storm drains as
may be required by the City Engineer.
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5. All public Improvements shall be made in
conformity to the City of Carlsbad Engineering Design
Criteria and Standard Plans, the Subdivision Ordi-
nance and other City Standards, without cost to the
City of Carlsbad, and free of all liens and encum-
brances. Improvement plans for water and sewer
system shall meet the requirements of the respective
service districts. .
6. All utilities, including provisions for cable TV,
shall be placed underground and/or shall be
completely concealed from view.
7. Park-in-lieu fees and/or park land dedication shall
be granted to the City prior to recording the
Final Map... Parks and Recreation Department shall
make the determination as to which lands will be
accepted as dedication. •
8. The developer is encouraged to work with the
Carlsbad Unified School District to provide for
future school requirements that will result from
the proposed development..
9. 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 a recommended
by the Fire Department.
10. The development of the property described herein
shall be subject to the restrictions and limitations
set forth herein which are in addition to all the
requirements, limitations and restrictions of all
municipal ordinances and State and Federal statutes
now in force or which, hereafter may be in force
for the purpose -of preserving the residential
.characteristics of adjacent . properties.
C. That said Tentative Hap together with the provisions
for its design and improvement and subject to the above "
conditions, is consistent with all applicable general and
specific plans of the City of Carlsbad.I
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PASSED, APPROVED AND ADOPTED at a regular meeting df
the Carlsbad City Council held on the 7th day of August
1973, by the following vote, to wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee.
NOES: None. - • . .
ABSENT: None. , ' '•
ViD" H. DUNNE, i-layor
ATTEST:
MARGABST E. ADAMS, Oity Cleric
'(seal)
MEMORANDUM
April 13, 1977
TO: Paul Bussey, City Manager
FROM: Jim Hagaman, Planning Director
RE: CT 77-5, Pelican Properties
During Planning Commission consideration of this case (CT 77-5), a
concern was voiced that there was no process for a site plan review
of the proposed development. Historically, the Planning Commission
has been advised that condominium maps deal only with the subdivision
ordinance and not with the proposed development.
This means that the Planning Commission, staff and interested citizens
have little if any indication of the type of development being proposed,
such as height of structure, placement of buildings on the property,
driveway location, etc. This has been of concern to the parties
involved since condominiums are homeowners who are permanent residents,
who sell certain amenities to compliment their particular choice of
housing type which are different than an apartment house which provides
a temporary residence. This is a legitimate concern not only in the
site plans of proposed condominiums, but also of conversion of apartments
to condominiums.
The staff in consulting with the City Attorney found in fact that the
condominium map deals only with the subdivision ordinance and does
not in fact concern itself with the proposed development plans. The
City Attorney did, however, advise the staff that there is justification
in the General Plan to require plan review. The General Plan establishes
a range of densities as a guide. It is indicated that the density
would be essentially guaranteed; however, any density over the minimum
must be justified on the basis that the property development and public
facilities are proper for the higher requested density. In essence the
subdivision ordinance requires that all Tract Maps be in compliance
with the General Plan. Therefore, it may not be possible to make a
determination of consistency without having a development plan along
with a subdivision map for condominiums.
Planning staff agrees with the above statement and has been working
for some time on developing a comprehensive code amendment dealing
with density consistency. The amendment (ZCA 91) is extremely complex,
and goes into many more issues and may be many months away from
adoption. However, there is a simpler method to solving the above
stated problem with condominiums that could be implemented very quickly.
This method was drafted with the original PUD ordinance, and could be re-
initiated at this time if the Council wishes. Basically, the proposal
is to require a PUD for condominiums. In addition, this ordinance
amendment should contain provisions for condominiums to preclude
apartments being build and subsequently converted to condominiums.
Page 2
Paul Bussey
April 13, 1977
CT 77-5, Pelican Properties
RECOMMENDATION
Staff recommends that the City Council direct staff to prepare an
ordinance amendment requiring PUD permits for condominiums and
condominium conversions.
BP:JCH:s