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HomeMy WebLinkAbout1979-06-05; City Council; 5868; Tentative Map & Condominium Permit.mw -* 77 -w CITY OF CARLSBAD e Initial AGENDA BILL NO: Dept. Hd. Cty. Atty UF.4 DATE : June 5, 1979 Cty. Mgr. r 6% DEPARTMENT : Planning 7 .. . I - H?BYECT: CT 79-5 , CP-4 , TENTATIVE SUBDIVISION MAP, CONDOMINIUM PERMIT FOR A 24 UNIT CONDOMINIUM. APPLICANT: DUFFY Statement of the Matter This is a second'application for a coidominiurn on this property. The original application was not approved because the applicant wasn't' able to get evidence that school facilities would be' avail: - and only half of the required. sewer permits 'from Leucadia County Water District were guaranteed. The Council.elected to continue the original application pending the adop.tiqn of school fee ordini providing the application was reduced to 12'units. Subsequently the applicant lost sewer reservations and Council adopted con'domii . development ordinance. The applicant has redesigned the project meeting the new condomin. e' regulations and has. guarantee from Leucadia County Water District that all 24 sewer permits will be available at time of need. Schc The Planning Commission recommended approval of these application: because the project meets all minimum ordimance requirements and between parking, open space, recreation and living areas. . fees will be required per City regulations. . the design is comprehensive providing the proper relationships .. .. Exhibit-s Planning Commission Resolution No. 1521 Staff Report dated May 9, 1979 Recommendation . Both the Planning staff and-Planning Commission have recommended approval.of these applications. If the City Cquncil concurs you. should direct the City Attorney to prepare documents approving Tentative Subdivision Map CT 79-5/Cp-4 as per Planning Commission Resolution No. 1521. .. @ .. 4 ., , 7' w ' AB #5868 June 5, 1979 Page 2 6-5-79 Council directed the City Attorney to prepare the necessary documents approving Tentative Subdivision Map CT 79-5/CP-4 a per Planning Commission Resolution No. 1521. <. s \ Wt m[ STAFF REPORT DATE : May 9, 1979 TO : Planning Commission FROM : Planning Department CASE NO: CT 79-5/CP-4 APPLICANT: Robert Duffy REQUEST I APPROVAL OF A TENTATIVE SUBDIVISION MAP & CONDOMINIC PERNIT FOR 24 UNITS ON 1.13 ACRES BACKGROUND Location & Description of Property The subject property is two lots consisting of 1.13 acres located on the north side of La Costa Avenue, between El Camino Real & Viejo Castillo Way (assessors book: 206-310-06,071. The property slopes sharply from La Costa Avenue to a graded plateau and then dl 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 Existing Land Use Subject Property: Vacant North: Golf course South: Multiple family dwellings East: Vacant West: Multiple family dwellings Environmental Impact Information An Environmental Impact Assessment has been received and a Negativ Declaration (EIA Log No. 543) issued for the subject project, basel ’ on the following findings 1. The subject property is already graded and devoid of any significant vegetation or wildlife. 2. The project is adjacent to existing urban development. 3. The proposed project is consistent with the adopted Carlsbad General Plan and zoning designation of the subject site- 0 c- *General Plan Infomtion t . The Land Use Plan designates the project site for Residential High Density (RH) land use (20-30 du/acre). The density of the propose project (21.24 du/acre) is in conformance with the density permitt by the General Plan. PUBLIC FACILITIES Schools The project property lies within the Encinitas Union School Distri experiencing overcrowding at this time, and are consequently, in accordance with State Senate Bill 201, imposing fees for provision of new classrooms. The applicant will be required to submit the a] pziate fees at the time of building permits. Sewer The applicant has received reservations for 12 sewer hookups from the Leucadia County Water District, and is on LCWD's allocation li for an additional 12 EDUs. The total project can be processed at time, but a sewer permit €or all of the units must be presented be building permits can be issued, Fire The Carlsbad Fire Department recommends an on-site hydrant be requ Other necessary public facilities, including water and streets:, are available to serve the project as prroposed. PAST HISTORY & RELATED CASES Condominium Ordinance, City Council Resolution No. 9516. The City Council adopted a condominium development and conversion ordinance on September 19, 1978, which added Chapter 21.47 to the ( Municipal Code. This chapter regulates development standards for new condominiums and condominium conversions, The standards incluc setbacks, parking requirements, guest parking areas, storage space open recreation areas, laundry areas, and refuse collection facili- This section requires that all condominium projects or conversions apply for a condominium permit. and the San Dieguito Union High School Die;'crict, Both diskricks a CT 78-1, Duffy. The Planning Corm-i-Assion denied an application for 24 airspace condc on the subject property with Resolution No. 1443, May 10, 1978. TI cited was failure of tha applicant to submit evidence that school facilities were available to service the project. before the City Council it was noted that sewer reservations at thz time were only available for 12 units, so the Council only considei and Council elected to continue the item until the pending School I Ordinance could be adopted. Subsequently, the applicant temporari: lost all sewer reservations, and the Council adopted the Condominil Development Ordinance. When the matter a project of that size. The school facilities problem again surfat -2- S - In the meantime the applicant has a new building design and layout prepared and regained 12 sewer hookups. At the suggestion of staf the applicant elected to withdraw the original tract application a has resubmitted the present CT 79-5 and CP-4, Major Planning Considerations 1. Does the tentative tract meet all the requirements of the Sub division Map Act and Title 20? 2. Does this condominium meet all the requirements of the Condom I Ordinance (Section 21-47)? 3. Has adequate access and back up space been provided for each unit? 4. Is there a more suitable arrangement for these condominiums? DISCUSSION A proposal for condominium development on the subject property was pi heard before the Planning Commission in May, 1978, as CT 78-1. At that time no Condominium Development Ordinance or School Fee Ordin( existed. The applicant could not produce a letter of school avail, from the appropriate school districts. The Commission was therefo. compelled to deny the project without prejudice, since evidence co1 not be provided that all public facilities could be met. The projl suffered other delays including temporary loss of sewer permits an( change of architects .) The new architect has totally revised the previous plan. The projl must now meet the requirements of the condo ordinance. The new pl, features a one-way circular drive around a central parking and rec tional activity area. The majority of the living units have two-c( garages facing short driveways that off-shoot the circular court, The property slopes down from La Costa Avenue toward the golf cour the north. The architect has attempted to situate and direct the majority of the units to obtain views of the golf course. At the time, the central court acts to internalize the development and pr a focal point. ~ The applicant and his designer have been very cooper&. -T with sta in making suggested modifications to sabnittet! ?lanr;. Alter sever plan revisions, all requirements of the condominiurr. ordinance now to have been met or will be made as conditions of approval: -3- W 0 Parking : The complex is required to provide a total of 57 parking spaces: 4E for the units plus 9 visitor spaces. There is a two-car garage for each unit, and the nine guest spaces are spotted within the develop- ment. Two of the guest spaces are shown as parallel to the circular drive. Parking is now arranged so that ingress and egress can be accomplished easily and safely, without a series of backup maneuvers required. Refuse Area: There are two trash locations that are conveniently located to servj units. The location of the northern trash bin on the circular drivc will require the large sanitation trucks to do a backup maneuver in ment of this portion of the drive will be required to prevent road damage from the trucks. order to negotiate the sharp radius of the drive. Added reinforces Storage Space The architect is still working with various design arrangements to accommodate the 480 cubic feet of enclosed storage area per unit, Provision of this storage space will be a condition of approval. Laundry Facilities Each unit will have plumbing and utilities to accommodate ihdividui laundry facilities, Open Recreation Area The central court area will be improved with barbecue, picnic tab11 badminton nets, etc. Additional recreation areas are identified 0' the east and west sides of the property. Several of the units als( balconies of sufficient size to qualify for partial fulfillment of recreation area requirement. The site is adjacent to La Costa Cou Club so even more open space and recreational activity would be av to the residents of this project. Landscaping The applicant has submitted a preliminary landscape plan for staff review. The plan is basically acceptable, featuring substantial p ing throughout the site. A final landscape and irrigation plan in ing recreation areas will be required as a condition of approval, Utilities Separate gas, electric and water services and meters will be provi for each unit, as required by the condo ordinance, Design Criteria The overall plan is comprehensive, indicating inter-relationship o -4- e w ' buildings, landscaping, natural topography, recreation areas, and surrounding properties. The unit design is attractive; featuring Monterey tile roofs, high arched windows and a combination of stuccc wood siding and tile materials- Recreation and other facilities are centrally located so as to be readily accessible to the occupants of the dwelling units. RECOMMEND AT I ON findings and subject to the following conditions: Findings : 1. Staff recommends APPROVAL of CT 79-5 and CP-4 based on the followinc The proposed project is consistent with the General Plan since within the allowed density range of 20-30 dwelling units per a The project is consistent with all Public Facilities Policies Ordinances because: a) Sewer service is available to this project because the a~ has received reservations for 12 sewer hookups from Leuce County Water District, and is on LCWD's allocation list f an additional 12 EDU's. 2. b) Fees to rnitiqate.conditions of overcrowdinq of school fac are required at the time of building permits pursuant to Chapter 21.55 of the Carlsbad Municipal Code, A condition of approval is that park fees be.p&.id c) d) Access to developed public streets is assured. e) .' Water service will be provided by the Carlsbad Municipal District. The applicant will be required to comply with rules and regulations of CMWD. Al1 other facilities are available to service the project - -_ h 1 ..r . -_ - f) 3, The site is physically suitable for the proposed development because : a) b) Sufficient street access to and from the site already ex: The site is adequate in size and shape to accommodate tht proposed development. The size is located next to a golf course which will pro' permanent adjacent open space, recreation and a desirablc There will be no surface drainage problems, due to natur* topography. c) d) -5- w 0 * ,4. The proposed condominium development is consistent with the Ci Carlsbad Environmental Protection Ordinance of 1972 because a Negative Declaration has been issued for the following reasons a) The subject property is consistent with the adopted Carls General Plan and zoning designation of the subject site. The problem is adjacent to existing urban development, The subject property is already graded and devoid of any significant vegetation. b) C) 5. The proposed condominium projedt meets the criteria of the Cor Ordinance because: a) Storage space, laundry facilities, open recreation , refus facilities, separate utilities, parking areas, and othe I ments of Chapter 21.47 of the Carlsbad Zone Code have bee provided in the proposed plans or will be made conditions approval. The condominium meets the design criteria of the Condomir Ordinance because the overall plan is comprehensive, indi inter-relationships of buildings, landscaping, natural tc graphy, recreation areas, and surrounding property. b) CONDITIONS 1. Approval is granted for CT 79-5 and CP-4 as described in the ap tions and any attachments thereto, and as shown on the site plan for & 79-! labeled Exhibit A, dated May 1, 1979, on file in the Planning D 2, Final landscape and irrigation plans indicating recreational. ar and facilities shall be submitted and approved prior to issuanc of a Final Map. These improvements shall be installed prior to final occupancy, 3, ~ll units shall be served with independent utility systems and shall be separately metered in accordance with provisions of t Condominium Ordinance. Water service shall be provided by the Carlsbad Municipal Wate District (CMWD). The applicant shall comply with the rules ar regulations of the CMWD regarding water service to condominim Should extensions to the existing public water system be deem€ appropriate by CMWD, the developer will be required to provide complete system. The developer will be required to pay park-in-lieu fees to thc as required by the Director of Parks and Recreation prior to approval of the Final Map. Storage space for each dwelling unit meeting requirements of 1 Condominium Ordinance will be indicated on building plans pric approval of the Final Map. 4. 5. 6. -6- W - 7. The applicant will prepare a reproducible copy of the final c( minium site plan incorporating all requirements of the condom: permit approval. This plan will be submitted and approved pr: to approval of the final map, The applicant will provide school fees to mitigate conditions c crowding as part of building permit applications. These fees be based on the fee schedule in effect at the time of buildin! 8, 9. Sewer permits from Leucadia County Water District for all of proposed dwelling units must be presented to the Engineering Department before a final map can be issued. 10. An on-site fire hydrant will be provi?.eCi as s50vm OR the site : Exhibit A, dated biay 1, 1979, on file in the Planning Departmr 11. The developer shall install a 5' sidewalk contiguous with the existing curb along the La Costa Avenue frontage to the satisfaction of the City Engineer prior to the occupancy of ar of the units-. The developer sha'll relocate the existing drainage inlet struc located within the proposed driveway approach to a curb locatj east of the driveway to the satisfaction of the San Diego Cour Sanitation and Flood Control District and the City Engineer. 12. 13. Prior to the final map approval, the developer shall present f the City Engineer a letter of permission to grade and locate surface improvements within the San Diego County Sanitation ar Flood Control Easement. The developer must receive the approval of the City Engineer for the improvement plans, enter into the appropriate improve1 agreement, and post the required security for the constructiol of public improvements prior to the recordation of the final I The developer shall receive the approval of the City Engineer for a site grading plan prior to any construction being perfo: within the project site. 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 recommended by the Fire Department. 14. 15. 16. 17. Street trees of a variety approved by the Parks and Recreatio Department shall be installed to City specifications at 40 fo intervals along the frontage of La Costa Avenue. 18. The structural section of the paved area for the north half o the central circular drive shall be designed to accommodate t turning movements of fully loaded trash trucks to the satisfa of the City Engineer. DA/ar 5/2/79 -7- '0 # I F c7- ?%5/ CP-4 .. . . ". ~ ., . . .,,_._ .... .. ..., . .-. ~".. .,.__ - -.._ -. - . .- . ..l .. ,. ... ....-.. - . ... .. ..._- ...-__^_._._,__... ..__ @ w ‘. If after the information you have submitted has that further..inform~~ion is required, you will be so advised. een reviewed, it is detennin ! 1 . ...- APPLICANT: Architect: Frederick J. iieyer Name (individual, partnership, joint venture, corporation, syndi I * * 3611 Fifth Avenue, San Diego, California 92103 I Buslness Mdr ess I sd-&w I (714) 297-1140 Telephone Number l A -3 AGEhT: Architect: Frederick J. Meyer I Name 3611 Fifth Avenue, San Diego, California 92103 . Business Address .. (714) 297-114’0 Telephone Number I MEMBERS : R-A- Duf fy (General partner) Name (individual, partner, joint Home Address ,. venture, corporation, syndication) . , 2690 El &&Po, Real. Suite 211. Car 1dff. CA 1 ! 1 Business Address a ,_ I .. Telephone Number I. (714). 436-8787 ! Telephone Number .,- See attached list - I I Name Home Address *, _j I _I Business Address I I -. Telephone N;mbcr & ! Telephone Number . I. .-. i I / 4 I. i c # .(Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this closure is true and correctand that it will remain true and correct and may relied upon as being true and correct until amended. I I’ 1. ! 1. ! ! I I - -. ! --- -* .. . -: . i. I I ! 0 w .- __i . ___ . __ _- -.- ___ -_ - _- - - .- m . L. , -1 1'. L c. * ---:b. c L't: ;-.<.. Cci.'; ALTA VERDE - A LIMITED PARTNERSHIP AND LA COSTA GREENS,-LOT 6 - A LIMITED PARTNERSHIP I General Partner - 1 i I I 9 .t Robert A. Duffy Carlsbad, CA 92008 .. S.S.# 525-05-1627 Limited Partners Limited Partners 1 I -7690 El Canino Real, Suite 211 I i , I i I, ! S.S .# 525-05-1627 Robert A. Duffy Robert L. Parker .- 7690 El Camino Real, Suite 211 Catlsbad, CA 92008 20f S. Lake Avenue Pasadena, CA 91101 .. 8 I Dr. Jeffrey Rush Virginia Nigh I 5957 Ridgemoor 5039 Sereno Drive . ! . Temple City, CA 9.1780 I *I .., San Diego, CA 92120 - S.S.# 555-42-9137 s.sJ Paul McGregor Victor H. Dikeos 500 Sunrise American Embassy Almagordo, NM 88310 S.S.# Balboa, .Canal Zone i - ! I 1 i P. 0. Box 2016 S.S.# 517-20-6317 George F. Schmidt 16551 Brookhurst Ave. Fountain Valley, CA 92708 . Westminster, CA 92683 Thomas W. Nood 7962 10th St., Suite : S.S.# 557-72-3585 - S.S.# 558-58-3534 Rosemary Nauent P. 0. Box 2354 Rancho Sante-Fe, CA 92067 0. H. Duffy, Jr. 2411 C La Costa Ave. . Carlsbad, CA 92008 k '! t 3 5 j A SA# S.S.# 1 I , i i - -. I --_ . - _c_ ---... - .~ -I- - . _I"L_ --,.*- t. -_ - - - - . I - - ._ - . 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 0 PLANNING COMMISSION RESOLUTION NO. 1521 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT FOR TWENTY FOUR UNITS ON 1-13 ACRES OF PROPERTY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE, BETWEEN EL CAMINO REAL AND VIEJO CASTILLO WAY. CASE NO: CT 79-5/CP-4 APYZIICANT i DUFFY, RI Ai WHEREAS, a verified application for certain property, wit: Lot 6 of La Costa Greens, in the City of Carlsbad, County of San Diego, State of California,-according to map thereof No, 6708, filed in the Office of the County Recorder of San Diego County, August 18, 1970. has been filed with the City of Carlsbad and referred to t Planning Commission; and WHEREAS, said verified application constitutes a req provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Cornisison did on the 9th day c 1979, hold a duly noticed public hearing as prescribed by to consider said request; and WHEREAS, the City of Carlsbad has prepared an Enviror Impact Assessment and a Negative Declaration (EIA Log No. has been issued for the subject project, based on the f011 1. The subject property is already graded and devoid of significant vegetation or wildlife. 2, The project is adjacent to existing urban development 3, The proposed project is consistent with the adopted C General Plan and zoning designation of the subject site, WHEREAS, at said public hearing, upon hearing and cor the testimony and arguments, if any, of all persons who dc 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 w 0 to be heard, said Commission considered all factors relati the tentative subdivision map (CT 79-5) and Condominium Pe (CP-4) and found the following facts and reasons to exist: 1, The proposed project is consistent with existing zoni Residential Density-Multiple and with the General Plan sin within the allowed density range of 20-30 dwelling units p 2. and Ordinances because: The project is consistent with all Public Facilities A, Sewer service is available to this project becau applicant has received reservations for 12 sewer hook Leucadia County Water District, and is on LCWD's allo list for an additional 12 EDUs, B, Fees to mitigate conditions of overcrowding of s facilities are required at the time of building permi pursuant to Chapter 21-55 of the Carlsbad Municipal C C, A condition of approval is that park fees be pai D, Access to developed public streets is assured. E, Water District, with the rules and regulations of CMWD. F. All other facilities are available to service th project. Water service will be provided by the Carlsbad P The applicant will be required to cc 3, The site is physically suitable for the proposed dew because : i A, Sufficient street access to and from the site a1 exists. B, The site is adequate in size and shape to accom the proposed development. C, The site is located next to a golf course which provide a permanent adjacent open space, recreation E desirable view, D. There will be no surface drainage problems, due natural topography. 4. The proposed condominium development is consistent w: City of Carlsbad Environmental Protection Ordinance of 19' because a Negative Declaration has been issued, -2- // 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 w 0 5- The proposed condominium project meets the criteria c Condominium Ordinance because: A, Storage space, laundry facilities, open recreati refuse facilities, separate utilities, parking areas, other requirements of Chapter 21.47 of the Carlsbad 2 Code have been provided in the proposed plans or will made conditions of approval, B. The condominium meets the design criteria of the Condominium Ordinance because the overall plan is can hensive, indicating inter-relationships of buildings, surrounding property. WHEREAS, the Planning Commission, by the following vc landscapincj, natural topographyl recreation areas( ar approved CT 79-5/CP-4 subject to certain conditions: 1, Approval is granted for CT 79-5/CP-4 as described in applications, and any attachments thereto, as shown on the plan for CT 79-5/CP-4, labeled Exhibit A, dated May 1, 197 file in the Planning Department. ** Final landscape and irrigation plans indicating recre areas and facilities shall be submitted and approved prior suance of a Final Map, These improvements shall be instal prior to final occupancy, 3. All units shall be served with independent utility sy and shall be separately metered in accordance with provisi of the Condominium Ordinance. -. *, Water service shall be provided by the Carlsbad Munic Water District (CMWD). The applicant shall comply with th rules and regulations of the CMWD regarding water service dominiums. Should extensions to the existing public water be deemed appropriate by CMqD, the developer will be requi provide the complete system, 5, The developer will be required to pay park-in-lieu fe City as required by the Director of Parks and Recreation p approval of the Final Map. 6. Storage space for each dwelling unit meeting requirem of the Condominium Ordinance will be indicated on building plans prior to approval of the Final Map. 7. The applicant will prepare a reproducible copy of the condominium site plan,incorporating all requirements of th condominium permit approval, This plan will be submitted approved prior to approval of the final map. 8, The applicant will provide school fees to mitigate co of overcrowding as part of building permit applications. fees to be based on the fee schedule in effect at the time - 3- at 1 2 5 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w 0 building permits , 9. Sewer permits from Leucadia County Water District for the proposed dwelling units must be presented to the Engir DQpartment before a final map can be issued. 10. An on-site fire hydrant will be provided as shown on plan, CT 79-5/CP-4 Exhibit A, dated May 1, 1979, on file j Planning Department. 11. The developer shall install a 5' sidewalk contiguous existing curb along the La Costa Avenue frontage to the SE units . 12, The developer shall relocate the existing drainage ir structure located within the proposed driveway appraoch tc location east of the driveway to the satisfaction of the : County Sanitation and Flood Control District and the City 13. Prior to the final map approval, the developer shall to the City Engineer a letter of permission to grade and : surface improvements within the San Diego County Sanitatic Flood Control Easement. 14. The developer must receive the approval of the City 1 for the improvement plans, enter into the appropriate imp: agreement, and post the required security for the construc public improvements prior to the recordation of the final 15. The developer shall receive the approval of the City for a site grading plan prior to any construction being pt within the project site. 16. In order to provide for reasonable fire protection d the construction phase, the subdivider shall maintain pas vehicular access to all buildings, and adequate fire hydr with required fire flows shall be installed as recommende Fire Department, 17. Street trees of a variety approved by the Parks and Department shall be installed to City specifications at 4 intervals along the frontage of La Costa Avenue. 18, The structural section of the paved area for the nor of the central circular drive shall be designed to accomm the turning movements of fully loaded trash trucks to the faction of the City Engineer. 19, Pursuant to Government Code Section 66456.1 the Corn hereby recognizes that the proposed project may be phased parts, each consisting of 12 units, in accordance with CT CP-4 Exhibit B, dated May 7, 1979, on file in the Plannin Department, tion of the City Engineer prior to the occupancy of any oj -4- c ' L' -7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 v @ 20, In the event of phasing of the project, the lot comp: Phase I shall be provided with full access and circulatioj through an easement on the adjacent lot, identified as Ph( and to the satisfaction of the City Engineer. AYES: L'Heureux, Rombotis, Marcus, Schick, Larson NOES: None ABSTAIN: None ABSENT : Wrench, Jose NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregc recitations are true and correct, STEPHEN M. L'HEURETJX, Ch, CARLSBAD PLANNING COMMIS( 1 .. ATTEST: JAMES c. HAGmN, Secretary CARLSBAD PLANNING COMMISSION -5-