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HomeMy WebLinkAbout1978-06-06; City Council; 5470; Airspace Subdivision 12 Unit CondominiumCITY OF CARLSBAD """* •W Initial if AGENDA BILL NO. &<¥/0 '. Dept. Head ^ DATE:. JUNE 6, 1978 City Atty. DEPARTMENT: PLANNING City Mgr. SUBJECT: / AIRSPACE SUBDIVISION FOR A 12 UNIT CONDOMINIUM. North side of CASE NO. CT 78-1 La Costa between El Camino Real APPLICANT. ROBERT A. DUFFY and Viejo Castilla Way Subject parcel is presently two lots consisting of 1.13 acres located on the north side of La Costa Avenue between El Camino Real and Viejo Castilla Way. The property is vacant and the request is to combine these two lots into a one lot subdivision for the ultimate purpose of a 2k unit condominium. However, since the applicant only received 12 sewer permits from Leucadia County Water District the present request is for 12 condominium units. At a later date when further sewer permits are allocated the applicant would submit a, new tract map for the remaining 12 units. for planning purposes all 2k units are shown on the site plan submitted along with the tract map. Staff is generally satisfied with the site plan except for some . suggested changes as contained in the staff report. The applicant was not able to make agreements with the Encinitas School District for the guarantee of school facilities. The Planning Commission has recommended that this application be denied because the applicant has failed to submit evidence that all public facilities can be met (no school facilities) and that the Encinitas School District has submitted a resolution indicating that overcrowding exists in the district and the City cannot approve the tract map unless appropriate fees are collected or overriding social, economic, or economic factors are benefit to the City can be found. The fees cannot be collected at this time because a fee ordinance is not in effect and the Planning Commission could not find the necessary justifications. EXHIBITS Planning Commission Resolution No. ]kk3 Staff Report dated May 10, 1978 Exhibit "A" dated May k, 1978 Exhibit "B" dated May J, 1978 Appeal Of Planning Commission decision via letter, 5-12-78, Nick Banche RECOMMENDATION It is recommended that the City Council di'rect the City Attorney to prepare documents DENYING CT 78-1 as per Planning Commission Resolution No. 14^3. Council action • ''-.-' ^ * 6-7-78 Following the public hearing the matter was continued to such time as the Council acts on SB 201. 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1443 RESOLUTION 6F THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING,A 24 UNIT AIRSPACE CONDOMINIUM PROJECT, ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE, BETWEEN EL CAMINO REAL AND VIEJO CASTILLA WAY. CASE NO. CT 78-1 APPLICANT; ROBERT A. DUFFY WHEREAS, a verified application for certain property to wit: Lot 7 of La Costa Greens, County of San Diego, State of California, according to Map thereof No. 6708, filed in the Office of the County Recorder of San Diego August 18, 1970 has been filed with the City of .Carlsbad and referred to the Planning Commission; and , » WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 10th day of May, 1978, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering the testimony'and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Carlsbad Tract (CT 78-1) and found the following facts and reasons to exist: 1) The applicant has failed to submit evidence that all public facilities can be met (.no school facilities). 2) The Encinitas School District has submitted a resolution indicating that overcrowding exists in the district and the City cannot approve the tract map unless appropriate fees are collected. 3) Overriding social, economic, or economic factors benefiting the City cannot be found by the Planning Commission to over- ride the overcrowding of school facilities. 1 2 5 4 5 6 7 8 9 10 Vll 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 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 DENY Carlsbad Tract Map (CT 78-1), on property located on the north side of La Costa Avenue, between El Camino Real and Viejo Castilla Way. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on May 10, 1978, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioner Rombotis, Woodward, Larson, L'Heureux, Jose. None. Commissioner Yerkes. None. JERRY ROMBOTIS, Chairman ATTEST : 'S C. HAGAMAN, Secretary .2 w STAFF REPORT DATE: TO: FROM: SUBJECT: May 10, 1978 Planning Commission Planning Department CT 78-1, Robert A. Duffy BACKGROUND Location and Description of Property The subject parcel is two lots consisting of 1.13 acres located on the north side of La Costa Avenue, between El Camino Real and Viejo Castillo Way (Assessor Book: 216-310-06,07). The property slopes sharply from La Costa Avenue to a graded plateau and then drops slightly to a second graded area. A storm drain extends north and south through the center of the property and flows to a drainage ditch along the northern boundary. Existing Zoning Subject Property: RD-M North: P-C South: RD-M East: RD-M West: RD-M Environmental Impact Information Existing Land Use Subject Property: Vacant North: Golf Course South: Multiple Family Dwellings East: Vacant West: Multiple Family Dwellings An Environmental Impact Assessment has been received and a Negative Declaration issued for the subject project, based on the following findings: 1. The project site is adjacent to existing urban development. 2. The proposed project is consistent with the adopted Carlsbad General Plan. 3. The subject site is devoid of any significant vegetation or wildlife. General Plan Information The Land Use Plan designates the project site for Residential High density (RH) Land Use (20-30 du/acre). The density of the proposed project (21.24 du/acre) is in conformance with the density permitted by the General Plan. PublicrFacilities Schools The project property lies within the Encinitas Union School District and the San Dieguito Union High School District. Both districts are experiencing severe overcrowding at this time, and have consequently instituted a moratorium on letters of school availability. As of this writing, the applicant has not delivered school availability letters to the City. Sewer The applicant has received sewer permits from the Leucadia County Water District for 12 of the total 24 units proposed. The water district currently has a moratorium on additional sewer permits, so it is undetermined when the remaining units could be serviced with sewer facilities. Fire The Carlsbad Fire Department recommends an on-site hydrant be required. Other necessary public facilities, including water and streets are available to serve the project, as proposed. Major Planning Considerations 1. Should the City require design improvements without the standards of a condominium ordinance? 2. Does the lack of school availabilities warrant denial of the project? 3. Will the necessity to phase the project due to the present lack of sewer capacity create difficulties for first phase residents? DISCUSSION In the recent past, the City has demonstrated considerable concern over condominium developments. Infact, a draft condominium ordinance is now undergoing public hearings. Adoption in the near future is likely; however, it will probably be changed somewhat before adoption. Staff cannot predict what the ordinance will look like in its final form. Please keep this in mind when comparing the project to the draft ordinance. One of the most significant provisions of the draft ordinance is the provision for "Site Development Plan" review and processing. This provision would have been most helpful with the case before you tonight. There are certain design considerations that could be more properly addressed if such a review was required. Some of these considerations are: 1. Three and four sided inner courts trap sound, reduce privacy, and give a feeling of confinement (especially when two and three story buildings are involved). They should be avoided. 2. Parking should be arranged so that access can be accomplished with one smooth forward motion and egress with not more than one backward motion. .2 C p3. Open parking spaces should have a minimum width of 8%', except when adjacent to a vertical surface; then the minimum width should be 11%'. 4. Amenities such as common useable open space and recreation areas • are needed. 5. Trash enclosures conveniently located to all units are needed, unless an acceptable alternate trash pick up arrangement is furnished. 6. Internal driveways should be minimized and designed with as few radii as possible to reduce interference with pedestrians, noise and hazards, 7. Design should incorporate,as much as possible, the following: a. low land coverage b. privacy and quiet for the individual family c. high level of landscaping . d. a feeling of openness The above listed comments are a result of extensive review of several submittals by the applicant, several reviews by the D.C.C., and a comparison to the draft condominium ordinance. The applicant has demonstrated a willingness to work with staff. The designs submitted by the applicant's architect have improved with each submittal. Land Use designations would allow a maximum of 33.9 units on the subject site. The developers have chosen to limit the site to only 24 units. However, these units are in excess of 2,000 sq. ft. each. It may be necessary to reduce the number of units or the size of some of the units to meet parking, setback, building, and other requirements. So far, the applicant has not furnished school availability agreements. His attorney feels confident that these agreements are forthcoming. The two school districts involved are the Encinitas Union School District and San Dieguito Union High School District. The City Attorney has recently indicated that the law forbids Council approval of any project unless they make two findings: 1. That we have a school fee ordinance; or, 2. That there are overriding social, economic, or fiscal factors of benefit to the City which would justify approval of the project. A school fee ordinance will not be in effect for Several months. Twelve sewer connections have been committed to the project. It is unknown when the remaining twelve will be available. Because of this, development is proposed to be in two phases. Phase I would include the twelve westerly units and the entire access drive. The applicant anticipates that this would cause a minimum of inconvenience to the occupants of the finished Phase I. .3 STAFF RECOMMENDATION •f •This staff recommendation is somewhat unusual in that it has an up front ' qualifier - school availability agreements. As of this writing, such agreements are not in hand.In light of this, staff feels compelled to recommend: That the Planning Commission DENY CT 78-1, without prejudice. However, should the applicant provide such agreements before the public hearing on this item is closed, staff recommends: APPROVAL of CT 78-1, based on the following findings and subject to the following conditions: Findings 1. The proposed map is consistent with the General Plan because the Land Use Element designates the site for residential land use at 20-30 units per acre. The project provides residential land use at 21.24 units per acre. 2. The site is physically suitable for the proposed development because: a. Sufficient street access to and from the site already exists. b. The site is adequate in size and shape to accommodate the proposed development. c. The site is located next to a golf course which will provide a permanent adjacent open space, recreation and a desirable view. d. There will be no surface drainage problems due to natural topography. 3. The proposed development wi]l be compatible with the surrounding neighborhood in that existing condominiums surround the proposed development on three sides. The fourth side fronts on a golf course. 4. The proposed tentative map is consistent with applicable City Public Facility policies because: a. Sewer service for 12 units has been issued by the Leucadia County Water District. Building permits for the remaining 12 units will not be issued until additional sewer connections are assured. b. The applicant has provided the City with proof of school availability agreements. c. A condition of approval is that park fees be paid. d. Access to developed public streets is assured. .4 Conditions *•!. The approval is granted for the land described in the application and any attachments thereto and as shown on the tentative map labeled Exhibit B, dated,May 1, 1978. 2. All units shall be served with independent utility systems and shall be separately metered. 3. Water service shall be provided by Carlsbad Municipal Water District (CMWD). The applicant shall comply with the rules and regulations of the CMWD regarding water service to condominiums. Should extensions to the existing public water system be deemed appropriate by CMWD, the developer will be required to provide the complete system. 4. The developer shall pay Park-in-lieu fees to the City as required by the Director of Parks and Recreation prior to approval of the final map. 5. The developers shall comply with all City regulations regarding the approval of subdivisions. 6. A grading plan shall be approved by the City Engineer prior to approval of the final map. 7. All slopes resulting from project grading will be two-to-one or flatter. 8. A landscape and irrigation plan shall be submitted to the Planning Department for approval prior to approval of the final map. Said plan will include parkway landscaping and street trees. 9. The site plan labeled Exhibit A, dated May 4, 1978, is not approved. The applicant will work with staff to accomplish the following prior to approval of the final map: a. Provide 9 off-street visitor parking spaces, the minimum width of which shall be 8%', except when the space is adjacent to a vertical.surface. Then the minimum width shall be 11%'. b. All parking spaces shall be so designed that they can be entered with one smooth forward motion and departed from with no more than one backward motion. c. Trash enclosures will be conveniently located to all units unless acceptable alternate trash pick up arrangements are furnished. d. There will be a minimum 15' vertical clearance over all drive- ways. e. Automatic garage door openers shall be provided. .5 10. Driveway access to La Costa Avenue shall have an angle that is not greater than 15 degrees from being perpendicular. •f 11. .A fire hydrant shall be installed prior to the placing of combustibles on the site. The size, type and location of the hydrant shall be approved by the Fire Marshall. Attachments: Exhibit A Exhibit B DLR:le .6