HomeMy WebLinkAbout1978-06-06; City Council; 5470; Airspace Subdivision 12 Unit CondominiumCITY OF CARLSBAD """* •W
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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 •
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6-7-78 Following the public hearing the matter was continued to such
time as the Council acts on SB 201.
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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 ,
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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.
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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
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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.
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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.
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STAFF RECOMMENDATION
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•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.
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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.
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10. Driveway access to La Costa Avenue shall have an angle that is
not greater than 15 degrees from being perpendicular.
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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
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