HomeMy WebLinkAbout1979-11-06; City Council; 6041; Five Unit Condominium DevelopmentCITY OF CARLSBAD
INITIAL
AGENDA BILL NO. ^p Q H / Dept. Hd.
DATE: November 6, 1979 Cty. Atty
DEPARTMENT: Planning cty. Mgr>
SUBJECT: RVE UNIJ CONDOMINIUM DEVELOPMENT, LA COSTA
CASE NO: CT 79-11/CP-13 APPLICANT: HSIU
STATEMENT OF THE MATTER'
The subject project is proposed on property located on the north side
of La Costa Avenue, east of Gibraltar Street. The general, plan
indicates the area to be high density 20 to 30 units to the acre;.
The project's density is at 13.6 dwelling units to the acre, therefore
below the minimum of the general plan density range.
The project meets all development criteria for the condominium
regulations. The Planning Commission and Planning Staff found that
the project also meets all design criteria as established in
the condominium regulations.
The project is basically the same design as the CT 79-10/CP-14
carried earlier on the agenda.
EXHIBITS
Planning Commission Resolution No. 1553
Staff Report dated October 10, 1979
Exhibit A dated October 2, 1979
Exhibits B, C-l, C-2, D-l, D-2, E-l and E-2 dated August 9 , 1979
RECOMMENDATION
Both the Planning Staff and Planning Commission have recommended
APPROVAL of this project. If the City Council concurs, you should
direct the City Attorney to prepare documents approving CT 79-117
CP-13, as per Planning Commission Resolution No. 1553.
Council Action:
11-6-79 Council directed the City Attorney to prepare the necessary
documents approving CT 79-11/CP-13, as per Planning Commission
Resolution No. 1553, subject to the condition"that an agreement
far 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
/""S
PLANNING COMMISSION RESOLUTION NO. 1553
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT OF
FIVE CONDOMINIUM UNITS LOCATED ON THE NORTH SIDE
OF LA COSTA AVENUE.
CASE NO.:
APPLICANT:
CT 79-11/CP-13
HWEI-CHIH HSIU
WHEREAS, a verified application for certain property, to wit:
Lot 405 of La Costa South, Unit'No. 5, in the
City of Carlsbad, County of San Diego, according
to Map thereof No. 6600, filed in the office of
the County Recorder March 10, 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, this project has been processed through environmental
review, Log 574, and a Negative Declaration has been issued
based on the following justification:
1. The proposed development is consistent with the trend of
development in the immediate area, and with applicable plans.
2. No significant land form alteration is proposed.
3. No significant flora or fauna, nor any unique or historical
resources would be adversely affected by the project.
WHEREAS, the Planning Commission did, on October 10, 1979,
hold a duly noticed, public hearing as prescribed by law, to
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to
be heard, said Commission considered all factors relating to
Carlsbad Tract (CT 79-10) and Condominium Permit (CP-14) and found
the following facts and reasons to exist:
1 Findings
2 1) The proposed project is consistent with the General Plan
since it is within the density range allowable under the
5 current general plan land use designation.
4 2) The site is physically suitable for the type of density
of the development since the site is adequate in size
5 . and shape to accommodate residential development at the
proposed density and still meet all the requirements of
6 Chapter 21.47 (Condominiums).
7 3) The project is consistent with all City public facility
policies and ordinances since:
8 a) The applicant is on the Leucadia County Water
9 District's sewer allocation list, and sufficient
sewer hookups have been reserved for the project.
10 b) The Planning Commission finds that sewer service
11 is not available for this development as of the
• date of this approval. However, sewer service
12 may be available in the future. The Planning
Commission has, by inclusion of an appropriate
13 condition to this condominium permit and tentative
subdivision map, insured that the final map will
14 not be approved unless the City Council finds
that sewer service is available to serve the
15 project. In addition, the Planning Commission
has added a condition that a note shall be placed
16 on the final map that building permits may not
be issued for the condominium project unless
17 the City Engineer determines that sewer service
is available. Since the final map cannot be
18 approved unless sewer service is available, and
building cannot occur within the project unless
19 sewer service remains available, the Planning
Commission is satisfied that the requirements
20 of the public facilities element of the general
plan have been met insofar as they apply to
21 sewer service for this condominium permit
and tentative map approval.
22
c) School fees to mitigate conditions of overcrowding
23 are required at the time of building permits
pursuant to Chapter 21.55 of the Carlsbad
24 Municipal Code.
25 d) Water service will be provided by the San Marcos
County Water District, and the applicant is
26 required to comply with their rules and regulations,
27 e) Gas and electric service .will be provided by
. San Diego Gas and Electric.
28 '
.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
f) Park-in-lieu fees are required as a condition of
approval.
g) All necessary public improvements have been either
provided or will be required as conditions of
approval.
h) At this time, the City Council is not prepared to
find that all other public facilities necessary
to serve project will be available concurrent
with need. The Planning Commission has, by
inclusion of an appropriate condition, required
that the project contribute to the costs of such
facilities. Since the development will pay its
proportionate share of the public facilities
which it will require, the City Council is
satisfied that the requirements of the public
facilities element of the general plan have been
. satisfied.
4) The design of the development and required improvements
will not cause any substantial environmental impacts,
and a declaration of negative environmental impacts
has been made findings that:
a) The proposed development is consistent with the; trend of development in the immediate area, and
with applicable plans.
b) No significant land form alteration is proposed.
c) No significant flora or fauna, nor any unique or
historical resources would be adversely affected
by the project.
5) The proposed condominium project meets the criteria of
Chapter 21.47 (Condominiums) since:
a) Storage space, laundry facilities, open recreation
areas, parking facilities, refuse areas, separate
utilities and other requirements of the condominium
ordinance have been met or will be made conditions
of approval.
b) The condominiums meet the design criteria of the
condominium ordinance since the overall plan is
comprehensive, embracing land, buildings, landscaping
nad their relationships.
WHEREAS, the Planning Commission, by the following vote,
recommended approval of CT 79-11/CP-13, subject to
certain conditions:
.3
CONDITIONS
1) This approval is granted for that portion of land described
in the application, CT 79-11 /CP-13, and all attachments
thereto, and development shall occur substantially as shown
on Exhibit A, dated 10/2/79, and Exhibits B, C-l, C-2, D-l,
4 D-2, E-l and E-2, dated 8/9/79, except for modifications
required herein.
2) The applicant shall comply with all rules and regulations
of the respective sewer and water districts regarding
water and sewer service to the subject property.
3) The applicant shall prepare a reproducible copy of the
8 final condominium site plan incorporating all require-
ments of the condominium permit approval, and shall be
subject to the approval of the Planning Director.
10 4) The applicant will provide school fees to mitigate
conditions of overcrowding as part of building permit
11 applications. These fees shall be based on the fee
schedule in effect at the time of building permit appli-
12 cation.
13 5) This subdivision and condominium plan is approved upon
the express condition that the final map shall not be
14 approved unless the City Council finds as of the time of
such approval that sewer service is available to serve
15 the subdivision.
16 6) This subdivision condominium plan is approved upon the
express condition that building or grading permits will
17 not be issued for development of the subject property
unless the City Engineer determines that such sewer
18 facilities are available at the time of application for
such permits and will continue to be available until time
19 of occupancy. If the City Engineer determines that sewer
facilities are not available, building permits will not
20 be issued. • •• •
21 7) In order to provide for fire protection during the con-
struction period, the applicant shall maintain passable
22 vehicular access to all buildings, and adequate fire
hydrants with required fire flows shall be installed as
23 recommended by the Fire Department.
24 8) Street trees of a variety approved by the Parks and Recrea-
tion Department shall be installed to City specifications
25 at 40 foot intervals along all public street frontages.
26 9) Prior to the issuance of building permits, the applicant
shall pay a public facility fee as established in City
27 Council Policy No. 17. The applicant shall enter into a
secured agreement with the City for the payment of this
28 fee prior to. final map approval.
.4 .
1 10) The applicant shall submit a revised site plan which shows
expansion of the storage areas, which are located along
2 the building, adjacent to the common recreation area.
Said revision shall be incorporated into the final condo-
minium plan and subject to the approval of the Planning
Director.
4 11) The final condominium plan shall contain a note specifying
5 that utilities will be separately metered for each unit.
12) The applicant shall pay park-in-lieu fees prior to the
recordation of the final map.
7
13) The applicant shall agree to modify the landscape plan
8 (Exhibit "E") by substituting a more drought tolerant
plant species for Lingustrum Texanum. In addition, the
9 applicant shall agree to maintain and, if necessary,
re-plant the sloping portion of the property for erosion
10 control purposes.
AYES: Schick, Rombotis, Marcus, Jose, Larson
12 NOES: None
13 ABSENT: None
14 ABSTAIN: None
15
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the .foregoing
16
recitations are true and correct.
17
18
19 EDWIN S. SCHICK, JR., Chairman
CARLSBAD PLANNING COMMISSION
20
21 ATTEST:
22
23
JAMES C. HAGAMAN, Secretary
24 CARLSBAD PLANNING COMMISSION
25 .5
26"
27
28
STAFF REPORT
DATE: October 10, 1979
TO: Planning Commission
FROM: Planning Department
SUBJECT: CT 79-11/CP-13; FIVE UNIT CONDOMINIUM DEVELOPMENT
ON THE NORTH SIDE OF LA COSTA AVENUE (LOT 405)
APPLICANT: HSIU
BACKGROUND
Location and Description of Property
The subject property is an approximately 16,000 square foot
parcel located on the North side of La Costa Avenue, two lots
east of Gibraltar Street. The lot has been previously graded
and is generally level, except for the northern one-third of
the lot which slopes downward at an approximate 2:1 slope.
The site is presently covered with low-lying native plant
species.
v
Existing Zoning
Subject property: RD-M
North: RD-M
South: R-l
East: RD-M
West: RD-M
Existing Land Use ••• .
Subject property: Vacant
North: Vacant
South: Single-family residential
East: Vacant
West: Vacant
General Plan Designation
The Land Use Element of the General Plan designates the subject
property for high density (20-30 DU/AC) residential development
At a density of 13.6 DU/AC, the proposed project would be
consistent with this land use designation.
Public Facilities
Sewer Service
The applicant has been allocated a total of five sewer permits
for the subject property, by the Leucadia County Water District.
Therefore, adequate sewer would be available to serve the
project.
Schools
The project is located within the San Dieguito Unified High
School District and the Encinitas Unified School District.
Since both of these districts are currently experiencing
conditions of overcrowding, school fees would be assessed at
the time of building permit application.
Gas and Electric Service
Gas and electric service would be provided by the San Diego
Gas and Electric Company. The City's Zoning Ordinance requires
that gas and electric service be separately metered for each
unit.
Water Service
Water service to the proposed development would be provided by
the Carlsbad Municipal Water District. As with gas and electric
service, the Zoning Ordinance requires separate water, meters
for each unit.
On-Site and Adjacent Public Improvements
All necessary on-site and 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 available concurrent with need. The Planning
Commission may, by inclusion of an appropriate condition,
require that 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
facility it would require, the Planning Commission could be
assured that the requirements of the Public Facilities Element
of the General Plan would be satisfied.
In addition, park-in-lieu fees would be assessed prior to the
recordation of the final map.
Environmental Impact Information
An Environmental Impact Assessment has been prepared, (No. 574)
and a Negative Declaration issued for the proposed project
based on the following justification:
1) . The proposed development is consistent with the trend of
development in the immediate area, and with applicable
plans.
2) . No significant land form alteration is proposed.
3) No significant flora or fauna, nor any unique or historical
resources would be adversely affected by the project.
History and Related Cases
CT 79-5/CP-4, (Duffy), City Council Resolution No. 5807,
.approved June 19, 1979.
This project involved an application for 24 condominium
units located on a 1.13 acre site, on-the north side of
La Costa Avenue, east of El Camino Real. The development
consisted of six building clusters, each containing from
three to five units, and served by an internal street system.
The project was conditionally approved with findings that all
of the requirements of the condominium regulations, including
parking, landscaping and open recreation areas, had been
adequately provided.
CT 79-3/CP-3, (Von Elten), City Council Resolution No. 5832,
denied July 3, 1979.
This proposal involved the conversion of an 80 unit apart-
ment complex, located on the east side of El Camino Real and
north of El Camino Real, to condominiums. The proposed con-
version was denied based on findings which included: lack
of a comprehenisve overall design; insufficient provision of
improvements required by the condominium ordinance; and lack
of adequate setbacks and parking.
CP-6, (McMahon-O'Grady), City Council Agenda Bill No. 5905,
approved July 3, 1979.
This proposal was for the construction of 23 detached condo-
minium units, located between Almaden Lane, Zamora Way and
Alicante Road, La Costa. The project was conditionally
approved finding that the project met all of the requirements
of the condominium regulations, and would not result in any signi-
ficant impacts to the environment or surrounding area. Condi-
tions of approval included: grading and drainage modifications;
provision of automatic garage door openers; fencing restric-
tions; public improvement requirements; refuse collection;
landscaping requirements; and a public facilities fee.
Major Planning Considerations
Does the proposed project meet all requirements and conform
to the guidelines of the City's condominium regulations
(Chapter 21.47)? Specifically:
1) Does the proposed circulation and parking arrangement
adequately serve the project and pose the least potential
for traffic impacts along El Camino Real?
2) Is the proposed storage space conveniently located and
adequately designed?
3) Is adequate open recreation area provided for each unit?
DISCUSSION
The proposed project involves the development of a five unit
condominium development on an approximately 16,000 square foot
parcel in La Costa. Each unit will consist of two levels,
with two bedrooms and ranging from 1266 to 1515 square feet.
The density of the project (13.6 du/ac) is well below the
maximum density allowed by the General Plan.
A total of ten on-site covered parking spaces will be, provided
(two per unit). In addition, the required three visitor park-
ing spaces will also be provided on-site.
Open recreation areas will be provided by a combination of
private balconies and a small common area located near the
northwest corner of the site. Together this meets the required
200 square feet of open space recreation area per unit. (Sec-
tion 21.47.130).
Aesthetically, the project appears well designed. The build-
ings are attractive, and sufficient landscaping is provided.
With regard to the design criteria (Section 21.47.110), the
plan is comprehensive, emphasizing the interrelationships
between the building, landscaping, and other on-site amenities.
Further, the driveway serving the parking provides ample room
to maneuver vehicles onto and off of the site. The buildings
are placed on the site in order to maximize views to the
north, in addition to reducing the amount of grading and pro-
viding private areas.
A concern of staff's relates to the location of the storage
areas While the applicant has met the required 480 cubic foot
per unit, the storage space is broken up into a number of small
areas which are not all centrally located. Staff has there-
fore included a condition which requires a redesign of the
storage area.. Staff has also required the final plans to
indicate that separate meters will be provided for all units.
It should be noted that each unit will have its own individual
laundry facilities.
Finally, the project is consistent with the nature of develop-
ment in the immediate area, and with all zoning requirements.
Recommendation
Staff recommends that the Planning Commission forward a recom-
mendation of APPROVAL of CT 70-11/CP-13 to'the City Council
based on the following findings and subject to the following
conditions: .
Findings
1) The proposed project is consistent with the General Plan
since it is within the density range allowable under the
current general plan land use designation.
2) The site is physically suitable for the type of density
of the development since the site is adequate in size
and shape to accommodate residential development at the
proposed density and still meet all the requirements of
Chapter 21.47 (Condominiums).
^ v.
3) The project is consistent with all City public facility
policies and ordinances since:
a) The applicant is on the Leucadia County Water
District's sewer allocation list, and sufficient
sewer hookups have been reserved for the project.
b) The Planning Commission finds that sewer service
is 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 building 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
Commission is satisfied that the requirements
of the public facilities element of the general
plan have been met insofar as they apply to
sewer service for this condominium permit
and tentative map- approval.
c) School fees to mitigate conditions of overcrowding
are required at the time of building permits
pursuant to Chapter 21.55 of the Carlsbad
Municipal Code.
d) Water service will be provided by the San Marcos
County Water District, and the applicant is
required to comply with their rules and regulations
e) Gas and electric service will be provided by
San Diego Gas and Electric.
f) Park-in-lieu fees are required as a condition of
approval.
g) All necessary public improvements have been either
provided or will be required as conditions of
approval.
h) At this time, the City Council is not prepared to
find that all other public facilities necessary
to serve project will be available concurrent
with need. The Planning Commission has,,by
inclusion of an appropriate condition, required
that the project contribute to the costs of such
facilities. Since the development will pay its
proportionate share of the public facilities
which it will require, the City Council is
satisfied that the requirements of the public
facilities element of the general plan have been
satisfied.
4) The design of the development and required improvements
will not cause any substantial environmental impacts,
and a declaration of negative environmental impacts
has been made findings that:
a) The proposed development is consistent with the
trend of development in the immediate area, and
with applicable plans.
b) No significant land form alteration is p'roposed.
c) No significant flora or fauna, nor any unique or
historical resources would be adversely affected
by the project.
5) The proposed condominium project meets the criteria of
Chapter 21.47 (condominiums) since:
a) Storage space, laundry facilities, open recreation
areas, parking facilities, refuse areas, separate
utilities and other requirements of the condominium
ordinance have been met or will be made conditions
of approval.
b) The condominiums meet the design criteria of the
condominium ordinance since the overall plan is
comprehensive, embracing land, buildings, landscap-
ing and their relationships.
CONDITIONS
1) This approval is granted for that portion of land described
in the application, CT 79-11/CP-13, and all attachments
thereto, and development shall occur substantially as shown
on Exhibit A, dated 10/2/79, and Exhibits B, C-l, C-2, D-l,
D-2, E-l and E-2, dated 8/9/79, except for modifications
required herein.
2) The applicant shall comply with all rules and regulations
of the respective sewer and water districts regarding
water and sewer service to the subject property.
3) The applicant shall prepare a reproducible copy of the
final condominium site plan incorporating all require-
ments of the condominium permit approval, and shall be
.subject to the approval of the Planning Director;
4) The applicant will provide school fees to mitigate
conditions of overcrowding as part of building permit
applications. These fees shall be based on the fee
schedule in effect at the time of building permit appli-
cation.
5) This subdivision and condominium plan is approved upon
the express condition that the final map shall not be
approved unless the City Council finds as of the time of
such approval that sewer service is available to serve
the subdivision.
6) This subdivision condominium plan is approved upon the
express condition that building or grading permits will
not be issued for development of the subject property
unless the City Engineer determines that such sewer
facilities are available at the time of application for
such permits and will continue to be available until time
of occupancy. If the City Engineer determines that sewer
facilities are not available, building permits will not
be issued.
•7) In order to provide for fire protection during the con-
struction period, the applicant 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.
8) Street trees of a variety approved by the Parks and Recrea-
tion Department shall be installed to City specifications
at 40 foot intervals along all public street frontages.
9) 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.
10) The applicant shall submit a revised site plan which shows
expansion of the storage areas, which are located along
the building, adjacent to the common recreation area.
Said revision shall be incorporated into the final condo-
minium plan and subject to the approval of the Planning
Director.
11) The final condominium plan shall contain a note.specifying
that utilities will be separately metered for'each unit.
12) The applicant shall pay park-in-lieu fees prior to the
recordation of the final map.
13) The applicant shall agree to modify the landscape plan
(Exhibit "E") by substituting a more drought tolerant
plant species for Lingustrum Texanum. In addition, the
applicant shall agree to main-tain and, if necessary,
re-plant the sloping portion of the property for erosion
control purposes.
EXHIBITS: A (10/2/79); B..C-1, C-2, D-l, D-2, E-l, E-2 (8/22/79)
BM:jd
10/4/79
CASE NO .CT 73 - II CP- Inflate Rec'd DCC Date; )n/g./-7q PC Date \Dl\nh^\
Description of Request ;~rgKTr?sT"<VT^. 4=bl \P?r?)\yi<rbtr)Nl
Address or Location of Request;I _>v
Applicant:
Engr. or Arch.
Brief Legal: L/TT LA LiNi\T Nl/O. «=:>/".fTVin,
Assessor Book:
General Plan Land. Use Description:
Existing Zone:
Acres:
Parcel:
hU/^M
No. of Lots
Proposed Zone;
~\ DU's
School District:
Water District:
Coast Permit Area;
DU/Acre 1.4 /7
Sanitation District;
If after the information you have submitted has been reviewed, it is determined
that further information is required, you will be so advised.
t *
APPLICANT: HCH & ASSOCIATES
AGENT;
MEMBERS;
Name (individual, partnership, joint venture, corporation, syndication)
8963 Complex Drive, Suite A. San Diego, CA 92123
Business Address "
278-5750
Telephone Number
HCH & ASSOCIATES
Name
8963 Complex Drive, Suite A, San Diego, CA 92123-.
, Business Address
" "278-5750
Telephone Number
Hwei-Chih Hsiu 17218 Cloudcroft Dr., Poway, CA 92064
..Name (individual, partner, joint
..venture, corporation, syndication)
Home Address
.8963 Complex Drive, Suite A, San Diego. CA 92123
Business Address
' (714) 278-5750 - business (714) 487-4896 - home
Telephone Number
Roderick F. Wright
Name
Telephone Number
1925 Madison Ave., San Diego, CA 92116
Home Address
8Q63 r.nmplpx Drive. Suite A. San Diego. CA 92123
Business Address ..
(714) 278-5750 - business '(714) 291-6425 - home
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
[DUxC^ -vcx^—- "iO3*-^-
Applicant
BY
MEMBERS CONT'D
Tat L. Wai
Agent, Owner, Partner
4-:84 Vista Place, San Diego, CA _92116_
8963 Complex Drive, Suite- A, San Diego, CA 92123 ;
(714) 278-5750 - business (714)280-6040 - home