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HomeMy WebLinkAbout1979-11-06; City Council; 6039; Condominium Permit for Unit an 11 Unit ProjectCITY OF CARLSBAD AGENDA BILL NO. b 03 7 DATE: November 6, 1979 DEPARTMENT:Planning INITIAL JDept. Hd. _Cty. Atty.Vi Cty. Mgr. SUBJECT:CT 79-8/CP-ll, Walton Condominium Permit For an 11 Unit Project STATEMENT OF THE MATTER The subject project is proposed on property located on the south side of Santa Isabel Street between Alga and El Fuerte. The general plan indicates the acre. The pro;ect is proposed at 19 dwelling units10 to 20 units to to the acre. The condominium meets a1!! development criteria of the condominium regulations. From a design standpoint, the project appears to be relatively dominated by the central drive. However, the Planning Commission found that the site is in a relatively high density area with similar projects, in fact the project may be one of the more attractive in the area. The Planning suggested by EXHIBITS Commission staff with has recommended approval of this project as minor changes to the findings and conditions Planning Commission Resolution No. 1551 Staff Report dated October 10, 1979 Exhibits A, B and C dated September 28, 1979 Exhibit D dated August 1979 RECOMMENDATION The Planning Staff and Planning Commission have recommended that the subject condominium be APPROVED. If the City Council concurs, you should direct the City Attorney to prepare documents approving CT 79-8/ CP-11, as per Planning Commission Resolution No. 1551. Council Action: 11-6-79 Council directed the City Attorney to prepare the necessary documents approving CT 79-8/CP-ll, as per Planning Commission Resolution No. 1551, subject to the condition that an agreement for payment of the Public Facilities Fee be entered into prior to adoption of the Resolution of findings. 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 ' • • PLANNING COMMISSION RESOLUTION NO. 1551 RESOLUTION OF THE PLANNING COMMISSON OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR ELEVEN CONDOMINIUM UNITS LOCATED ON THE SOUTH SIDE OF SANTA ISABEL STREET BETWEEN ALGA ROAD AND EL FUERTE STREET. CASE NO.: APPLICANT: CT 79-8/CP-ll Walton, Dave WHEREAS, a verified application for certain property, to wit: , / • - Lot 409 of La Costa Meadows unit No. 2, according to Map thereof No. 6905 filed with the County Recorder April 21, 1971; "» 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, this project has been processed through"environmental review. Log No. 571, and a Negative Declaration has been issued based on the following justification: 1. The subject property has been previously graded and is devoid of any significant flora or fauna, or any historical or unique environmental resources. 2. The City's condominium and grading ordinances will adequately serve to mitigate any potential adverse impacts which would be generated by the project. 3. The proposed condominium development is consistent with the City's land use plan, and with the trend in development in the La Costa area. WHEREAS, the Planning Commission did, on October 10, 1979, hold a duly noticed, public hearing as prescribed by law, to consider said request; and 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 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to to be heard, said Commission considered all factors relating to the Carlsbad Tract (CT 79-8) and Condominium Permit (CP-11) and found the following facts and reasons to exist: Findings 1. This application conforms to the General Plan land use designation, RMH, allowing 10-20 du/acre. a) The proposed project has a density of 19 du/acre. v b) Adequate on-site amenities have been provided. c) The surrounding properties may be developed in a . similar manner. d) The property is near a major arterial. Alga Road, which will be able to handle the traffic generated by this .project. e) The soils are stable and very little of the property is devoted to unusable slopes. f) On-site amenities have been provided in the common recreation areas, private yards and balconies. 2. This project conforms to Title 19, the Environmental Protection Ordinance. A Declaration of Non-Significant Impact has been made for the proposed project. 3. At this time, the City Council is not prepared to find that all public facilites necessary to serve this project will be available concurrent with need. By inclusion of an appropriate condition, this project will be required to contribute to the costs of such facilities. Since the development will pay its proportionate share of the public faciliteis it will require, the Planning Commission has determined that the requirements of the public facilites element of the General Plan have been satisfied. 4. All other requirements of the Public Facility Ordinance have been met. a) School fees will be paid at time of building permit. b) Sewer service will be provided by the Leucadia County Water District. .2 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 c) Gas, electric and water service will be provided. d) All on-site and adjacent public improvements have been installed or will be required as conditions of approval. e) The Planning Commission finds that sewer service i& not available for this development as of the date of this approval. However, sewer service may be available in the future. The Planning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that build- ing permits may not be issued for the condominium project unless the City Engineer determines that . - sewer service is available. Since the final map cannot be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning Commis- sion is satisfied that the requirements of the public facilities element of the General Plan have been met insorfar as they apply to sewer service for this condo minium permit and tentative map approval. 5. All of the requirements of Title 21, Title 20 and the State Subdivision Map Act have been met or will be required as conditions of approval. WHEREAS, the Planning Commission, by the following vote, recommended approval of CT 79-8/CP-ll, subject to certain conditions: Conditions 1. Approval is granted for CT 79-8/CP-ll, as shown on Exhibit A, dated September 28, 1979, on file in the Planning Department. Development shall occur as shown on Exhibits A, B and C. 23 2. The landscape plan, Exhibit D, dated August, 1979, shall be revised. The landscaping in front of the parking area shall be adequate to screen the area from the street. In addition low shrubs shall be placed along the north and west side of the parking area and to further separate it from the open recreation area. Landscaping shall be pro- vided on either side of each stairway entrance from the driveway. This landscaping shall include trees and shrubs and can be located in permanent planters or portable containers. .3 . 1 3. The parking space adjacent to the rear property line shall be moved one foot closer to the building and shall be 2 a maximum of 8.5 feet wide to allow adequate back-up area. 3 4. The three areas designated as open landscaped areas on Exhibit A, shall be provided with recreational facilities 4 acceptable to the Planning Director. A plan showing these facilities shall be approved prior to approval of 5 the final map. 6 5. The workshop/storage room shall be designated as a bed- room for the purposes of calculating school fees. - 7 The applicant will provide school fees to mitigate conditions of overcrowding as part of building permit 8 applications. These fees shall be based on the fee schedule in effect at the time of building permit application, 9 6. The required storage area shall be located in the garage 10 in a manner acceptable to the Planning Director. The plans shall be approved prior to approval of the final 11 map. 12 7. Electric garage door openers will be provided for each unit to encourage use of the garage for parking and to 13 discourage parking in the driveway. 14 8. The driveway shall be posted "no parking" to allow for adequate fire access at all times. ,. 15 " 9. A reproducible mylar of the site plan, incorporating all 16 requirements of this approval, shall:be submitted to the Planning Department prior to approval of the final map. 17 10. The applicant shall pay park-in-lieu fees prior to the 18 recordation of the final map. 19 11. Prior to the issuance of building permits, the applicant shall pay a public facility fee as established in City 20 Council Policy No. 17. The applicant shall enter into a secured agreement with the City for the payment of this 21 fee prior to final map approval. 22 12. This subdivision and condominium plan is approved upon the express condition that the final map shall not be approved 23 unless the City Council finds, as of the time of such approval that sewer service is available to serve the subdivision. 24 13. This subdivision condominium plan is approved upon the 25 express condition that building or grading permits will not be issued for development of the subject property 26 unless the City Engineer determines that such sewer facilities are available at the time of application for 27 such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer 28 facilities are not available, building permits will not be issued. '- : .4 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 AYES: Schick, Rombotis, Marcus; Jose, Larson NOES: None ABSTAIN: None ABSENT: None NOW, THEREFORE, BE IT HEREBY RESOLVED, that-the foregoing recitations are true and correct. EDWIN S. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION ATTEST: JAMES C. HAGAMAN, Secretary .5 c DATE: TO: FROM: RE: APPLICANT: REQUEST: STAFF REPORT October 10, 1979 Planning Commission Planning Department CT 79-8/CP-ll WALTON APPROVAL OF A TENTATIVE MAP AND A CONDOMINIUM PERMIT FOR AN 11 UNIT PROJECT BACKGROUND Location and Description of Property The subject property consists of .58 acre of previously graded land. The lot is located on the south side of Santa Isabel Street between Alga Road and El Fuerte Street. There is a short bank on the north side of the property. Existing Zoning Subject Property: North: South: East: West: Existing Land Use Subject Property: North: South: East: West: RDM (10-20 du/acre) RDM RDM, R-2 C-l RDM Vacant Vacant Vacant Vacant, church Vacant, condos Environmental Impact Information This project has been processed through environmental review, Log No. 571, and a negative declaration has been issued based on the following justification: 1) The subject property has been previously graded and is devoid of any significant flora or fauna, or any histori- cal or unique environmental resources. 2) The City's condominium and grading ordinances will adequately serve to mitigate any potential adverse impacts which would be generated by the project. 3) The proposed condominium development is consistent with the City's land use plan, and with the trend in develop- ment in the La Costa area. General Plan The Land Use Map of the General Plan designates this property as Residential Medium High density, 10-20 du/acre. The density range allows a "guarantee" of 10 du/acre. However, if greater than 10 du/acre are requested, certain criteria must be con- sidered. These criteria include slope, soil stability, com- patibility with surrounding land uses, adequacy of public facilities and on-site amenities. This .58 acre site will allow a maximum of eleven units and a guarantee of only five. The proposed density is 19 du/acre. Public Facilities Sewer: Sewer service will be provided by the Leucadia County Water District. The allocation numbers are 2627-2633 and 2311-2315. Schools: School facilities are not available but will be pro- vided through the use of school fees. Fees will be collected at the time of building permit application for the San Marcos District. Water Service; Water service will be provided by the San Marcos County Water District. Separate meters will be provided. Gas and Electric: Gas and electric service will be provided by SDG&E.Separate meters for each unit will be required. On-Site and Adjacent Public Improvements: All necessary on- site and immediately adjacent public improvements can be required per the City's Public Improvement Ordinance or as conditions of approval. Other Public Facilities: The City Council has determined that they are not prepared to find that all other public facilities necessary to serve this project will be avail- able concurrent with need. The Planning Commission may, by inclusion of an appropriate condition, require that .2 the project contribute to the costs of such facilities according to City Council Policy No. 17. Since the development would pay its appropriate share of the public facilities it would require, the Planning Commission could be assured that the requirements of the Public Facilities Element of the General Plan would be satisfied. Past History and Related Cases CT 79-7/CP-10, Fries. City Council Resolution No. 5951 On September 18, 1979, the City Council approved this request for 30 unit condominium approximately one-half block from the subject project. The density of this project is 14.4 du/acre with over 2.7 acres of land. CP-6, O'Grady, City Council Resolution No. 5873 On July 3, 1979, the City Council approved a 23 unit condominium on a previously subdivided parcel. The density of this project was 8 du/acre. Conditions applied to this project included requirements for a revised landscape plan, public improvements, electric driveway gates, automatic garage door openers, and CC&R's. CT 79-5/CP~4, Duffy, City Council Resolution No. 5807. On June 19, 1979, the.City Council approved a 24 unit condominium on the north side of La Costa Avenue. The allowed density for this project is 20-30 du/acre, a density of 22 was approved. Conditions required landscape and recreational plans, public improvements, adequate fire protection and allowed phasing. Maj'or 'Planning Considerations 1. Is this project consistent with the General Plan? Should the maximum allowable density be permitted on this property? 2.. Does'the project meet all the design and development standards of Section 21.47, the Condominium Ordinance? Is the drive- way a dominant feature? Is the recreation area accessible? 3. Does the project meet the requirements of Title 20, the Subdivision Ordinance and the Subdivision Map Act? DISCUSSION This application is a request for approval of a tentative map and condo permit for an eleven unit project on .58 acres. The units have two stories of living space above a two car garage. Each unit has a total of four balconies and also has a private yard. In addition, three common recreation areas have been provided. -3- All of the development standards have been met or will be met through conditions of approval. Each unit has the two required spaces and all six required guest parking spaces have been provided on-site. The three recreation areas will be provided with recreational facilities which, in addition to the balconies, fulfills the requirements. Storage space will be provided in the garage. A trash receptacle has been provided. Each unit has separate meters and laundry facili- ties are provided in each unit. The landscape plan will be revised to include adequate screen- ing of the parking area and to provide landscaping along the driveway. The plan for this project is comprehensive and provides for adequate circulation, off-street parking and recreation areas. The recreation areas are located throughout the project and are accessible to each of the units. The proposed development is compatible with surrounding and future development. There is a question on the design concerning the dominance of the private driveway. However, thhere appears to be no way to develop a small narrow lot such as this one except with a drive- way through the center. Landscaping and lighting will be used to soften the effect of the driveway and to create a more pleasant atmosphere for the entrances to the units. Another design question concerns the workshop/storage room off of the garage. Staff is concerned that this will be used as a bedroom with a large closet. Therefore, it will be consi- dered as a bedroom for school fee purposes and storage space will be provided in the garage. The General Plan specifies that this area shall be Residential, Medium High Density, allowing 10-20 dwelling units per acre. The Land Use Element states that the low figure, 10 du/acre, is the "guaranteed" density. For a project to receive a density greater than 10 du/acre, it must fulfill several criteria. These criteria include provision for adequate parking and on- site amenities. All required tenant and visitor parking is provided on-site. In addition, there are three common recrea- tion areas and private yards for each unit. There is very little of the property devoted to unusable slope (less than 670 of lot area) and the soils are stable. The surrounding area will develop in a similar manner and the arterial street, Alga Road, will be able to handle the traffic generated by the proposed density. Public facilities will be provided through conditions of approval. .4 Staff feels that all requirements of the General Plan, Chapter 21.47, Title 20 and Title 19 have been met, or will be met through the conditions of approval. RECOMMENDATION Staff recommends APPROVAL of CT 79-8/CP-ll based on the following findings and subject to the following conditions. Findings 1. This application conforms to the General Plan land use designation, RMH, allowing 10-20 du/acre. \ a) The proposed project has a density of 19 du/acre. b) Adequate on-site amenities have been provided. c) The surrounding properties may be developed in a similar manner. d) The property is near a major arterial, Alga Road, which will be able to handle the traffic generated by this project. e) The soils are stable and very little of the property is devoted to unusable slopes. f) On-site amenities have been provided in the common recreation areas, private yards and balconies. 2. This project conforms to Title 19, the Environmental Protection Ordinance. A Declaration of Non-Significant Impact has been made for the proposed project. 3. At this time, the City Council is not prepared to find that all public facilites necessary to serve this project will be available concurrent with need. By inclusion of an appropriate condition, this project will be required to contribute to the costs of such facilities. Since the development will pay its proportionate share of the public faciliteis it will require, the Planning Commission has determined that the requirements of the public facilites element of the General Plan have been satisfied. 4. All other requirements of the Public Facility Ordinance have been met. a) School fees will be paid at time of building permit. .5 b) Sewer service will be provided by the Leucadia County Water District. c) Gas, electric and water service will be provided. d) All on-site and adjacent public improvements have been installed or will be required as conditions of approval. 5. All of the requirements of Title 21, Title 20 and the State Subdivision Map Act have been met or will be required as conditions of approval. / Conditions 1. Approval is granted for CT 79-8/CP-ll, as shown on Exhibit A, dated September 28, 1979, on file in the Planning Department. Development shall occur as shown on Exhibits A, B and C. 2. The landscape plan, Exhibit D, dated August, 1979, shall be revised. The landscaping in front of the parking area shall be adequate to screen the area from the street. In addition low shrubs shall be placed along the north and west side of .the parking area and to further separate it from the open recreation area. Landscaping shall be pro- vided on either side of each stairway entrance from the driveway. This landscaping shall include trees and shrubs and can be located in permanent planters or portable containers. 3. The parking space adjacent to the rear property line shall be moved one foot closer to the building and shall be a maximum of 8.5 feet wide to allow adequate back-up area. 4. The three areas designated as open landscaped areas on Exhibit A, shall be provided with recreational facilities acceptable to the Planning Director. A plan showing these facilities shall be approved prior to approval of the final map. 5. The workshop/storage room shall be designated as a bed- room for the purposes of calculating school fees. 6. The required storage area shall be located in the garage in a manner acceptable to the Planning Director. The plans shall be approved prior to approval of the final map. .6 €*H 1. Electric garage door openers .will be provided for each unit to encourage use of the garage for parking and to discourage parking in the driveway. 8. The driveway shall be posted "no parking" to allow for adequate fire access at all times. 9. A reproducible mylar of the site plan, incorporating all requirements of this approval, shall be submitted to the Planning Department prior to approval of the final map. 10. Prior to the issuance of building permits, the applicant shall pay a public facility fee as established in City Council Policy No. 17. The applicant shall enter into a secured agreement with the City for the payment of this fee prior to final map approval. KJL:jd 10/4/79 .7 <C rf NO.cnq-ft/CP-11 Pate Rec'd Description of Request i Address or Location of Request: AL/3/^-p - Applicant : Assessor Book:s ^ _ ,, ^ ^ - . - r— General Plan Land Use Description.-. Existing Zone: School District V/ater District: Coast Permit Area; Sanitation nic^et* )