Loading...
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, 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 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: XXXXXXXXXX xxxxxxxxxx 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 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. XXXXXXXXXXX - 2 - 6 7 8 9 10 11 12 14 15 16 17 22 23 24 25 26 28 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. 18 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission 19 of the City of Carlsbad as follows: 20 A) That the above recitations are true and correct. 21 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 27 / -3 - 1 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 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. » 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. •: -2- 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. - 3 - o 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 ' ' • * .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 - 5 - 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:. 1 2 • 3 4 5 6 : 7 8 9 10 • 11 ..' 12 13 a 14 Al I • 15ic rf a 00 1 | 16 §o|| 17 II if 18 > E S? -19* g § 20 '. 21 22 23 24 : "25 26 27 28 29 .. 30 31 32 . . ' 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 -^ ' - 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. !§ 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 29 30 31 32 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 HI 2. 3• c 1 2 5 4 5 6 7 8 9 10 11 12 13 ,,14 1'5 tl «-II = DS| 17 Is is 'is«i CC — -S 19 20 21 22 23 24 25 .26 27 28 29 30 31 32 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