HomeMy WebLinkAbout1979-12-04; City Council; 6087; 9 Unit Condominium and Tentative Tract MapCITY OF CARLSBAD
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AGENDA BILL NO:
• DATE:
INITIAL
December 4, 1979
DEPARTMENT:PLANNING
SUBJECT:
9 UNIT CONDOMINIUM AND TENTATIVE TRACT MAP
CT 79-16/CP-19
APPLICANT: MALTER .
STATEMENT OF THE MATTER:*,
The subject project is proposed on property located on the northeast
corner of Unicorjaio and Cacatua. The recommended General Plan density
for this site is 10 units to the acre. The General Plan also provides
that with proper amenities, the density could be increased to 20 units
to the acre. The proposed 9 units are on .35 acre parcel of land which
results in a density of 18 dwelling units to the acre.
The density as requested is towards
density.range. However, staff found
provided in this project. The plan
and parking well integrated with the
available on the street for visitors
dominant feature of the design. The
and pleasant. The project does not
in the neighborhood.
the high end of the General Plan
that appropriate amenities are
is well designed with open space
units. There is ample parking
The driveway is not the
walkways are well placed, safe
constitute a disruptive element
The Planning Commission agreed and recommends approval of these two
applications.
EXHIBITS
Planning Commission Resolution No. 1562
Staff Report dated November 14, 1979
Location Map
Exhibits A, B, C, D, E, F, G dated September 13, 1979
RECOMMENDATION .
The Planning Staff and the Planning Commission recommend that
CT 79-16 and CP-19 be approved as per Planning Commission Resolution
No. 1562.
Council Action:
12-4-79 Council directed the City Attorney .to prepare the necessary
documents approving CT 79-16 and CP-19 as per Planning Commission
Resolution No. 1562, with the condition that the trash area b'e
moved closer to the street.
FORM - PLANNING 79
Ol
9
PLANNING COMMISSION RESOLUTION NO. 1562
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR A
9 UNIT CONDOMINIUM PROJECT LOCATED AT THE NORTHEAST
CORNER OF UNICORNIO AND CACATUA.
CASE NO.:
APPLICANT:
CT 79-16/CP-9
MALTER
Whereas, a verified application for certain property, to
wit:
Lot 514 of La Costa Meadows, Unit No. 3, according
to Map thereof No. 7076, as filed in the Office of
the County Recorder for San Diego County on October
6, 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 environ-
mental review as required in Title 19, the Environmental Protec-
tion Ordinance. A Negative Declaration, Log No. 583, has been
issued for the following reasons:
1) The project site has been previously disturbed, and some
public improvements have been installed, and therefore
the proposed project would not result in any significant
adverse environmental impacts.
2) No significant flora, fauna nor any unique or historical
environmental features exist on the site or would be
impacted by the project.
3) The project is consistent with the City's current land use
plan and generally with the developmental trend in the La
Costa area.
4) The project constitutes urban infilling.
5) The proposed project is consistent with all requirements of
the Carlsbad Municipal Code.
WHEREAS, the Planning Commission did, on November 14, 1979,
hold a duly noticed, public hearing as prescribed by law, to
consider said request; and
WHEREAS, at said public hearing, upon hearing and considerinc
5 all testimony and arguments, if any, of all persons desiring
5 to be heard, said Commission considered all factors relating to
7 the Carlsbad Tract (CT 79-16) and Condominium Permit (CP-9)
3 and found the following facts and reasons to exist:
9 1) The proposed project is consistent with the General
Plan since it is within the allowed density range
10 due to the fact that additional and appropriate amenities
have been provided for this project including:
11
A) Well designed open space and parking which is well
12 integrated with the units;
13 B) There is ample parking available on the street for
visitors;
14
C) The driveway is not the dominant feature of the design;
15
D) The walkways are well placed, safe and pleasant, and
16
E) The project does not constitute a disruptive element
17 to the neighborhood.
18 2) The site is physically suitable for the type and density
of the development since the site is adequate in size
19 and shape to accommodate residential development at the
proposed density and still meet all the requirements of
20 the City's Condominium Ordinance.
3) The project is consistent with all City public facility
policies and ordinances since:
22
A) The applicant is on the Leucadia County Water
23 District's sewer allocation list, and sufficient
sewer hookups have been reserved for the project.
24
B) The Planning Commission finds that sewer service
25 is not available for this development as of the
date of this approval. However, since sewer service
26 way be available in the future, the Planning Commission
has, by inclusion of an appropriate condition to
27 this condominium permit and tentative subdivision map,
insured that the final map will not be approved unless
28 the City Council finds that sewer service is available
.2
10
16
19
20
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23
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ln
to serve the project. In addition, the Planning
2 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 avail-
able, 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 service service for this condominium permit
and tentative map approval.8
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.
U. O
G) All necessary public improvements have bee'n either
provided or will be required as conditions of
_„ approval.
H) At this time, the Planning Commission is not prepared
to find that all other public facilities necessary to
serve the 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 proposed project has been processed through environ-
mental review pursuant to Title 19 and a Negative Declaration
Log No. 583 has been issued.
WHEREAS, the Planning Commission, by the following vote,
recommended that CT 79- 16/CP-9 be approved, subject to certain
conditions:
.3
1 Conditions
2 1. This approval is for CT 79-16/CP-19 as shown in Exhibits
A, B, C, D, E, F, G, dated September 13, 1979, on file
3 in the Planning Department, except for modifications re-
quired herein.
4 2. The applicant shall comply with all rules and regulations
5 of the respective sewer and water districts regarding
water and sewer service to the subject property.
6
3. The applicant shall prepare a reproducible copy of the
7 final condominium site plan incorporating all requirements
of the condominium permit approval, and shall be subject
8 to the approval of the Planning Director.
9 4. The applicant will provide school fees to mitigate condition
of overcrowding as part of building permit applications.
10 These fees shall be based on the fee schedule in effect at
the time of building permit application.
11
5. This subdivision and condominium plan are approved upon
12 the express condition that the final map shall not be
approved unless the City Council finds at the time of such
13 approval that sewer service is available to serve the
subdivision. • •
14
6. This subdivision and condominium plan are approved upon
15 the express condition that building or grading permits
. will not be issued for development of the subject property
16 unless the City Engineer determines that sewer facilities
are available at the time of application for such permits,
17 and will continue to be available until time of occupancy.
If the City Engineer determines that sewer facilities
18 are not available, building permits will not be issued.
19 7. In order to provide for fire proteciton during the
construction period, the applicant shall maintain
20 passable vehicular access to all buildings, and adequate
fire hydrants with required fire flows shall be installed
21 as recommended by the Fire Department.
22 8. Street trees of a variety approved by the Parks and
Recreation Department shall be installed to City specifica-
23 tions.at 40 foot intervals along all public street fron-
tages.
24
9. The final condominium plan shall contain a note specifying
25 that utilities will be separately metered for each unit.
26 10. The .applicant shall pay park-in-lieu fees prior to the re-
cordation of the final map.
27
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11. Laundry facilities shall be provided within each unit.
12. The yard areas for each unit shall be modified
for a minimum of 200 square feet of open space.
to provide
The
minimum dimension for such open space is 10 feet.
13. The landscaped area to the east of the parking area shall
be maintained in a manner acceptable to the Planning
Director.
14. Prior to the issuance of building permits, the
shall pay a public facility fee as established
applicant
in City
Countil Policy No. 17. The applicant shall enter into a
secured agreement with the City for the payment
fee prior to City Council action.
AYES: Schick, Rombotis, Friestedt, Marcus,
Jose, Larson
NOES : None
of this
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
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.5
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STAFF REPORT
DATE:
TO: Planning Commission
FROM: Planning Department
RE: CT 79-16/CP-19
APPLICANT: Walter
REQUEST: APPROVAL OF A CONDOMINIUM PERMIT AND TENTATIVE
MAP FOR A 9 UNIT PROJECT.
BACKGROUND
Locati on and D escripti on of Property
The subject property is located at the northeast corner of
Unicornio and Cacatua. .The lot has been graded, and is 3-5
feet above street level. The property contains .35 acres.
Existing Zo n i ng
Subject Property: RDM
North: RDM, R-l
South: RDM
'East: RDM
West: R-l
Existing Land Use
Subject Property: Vacant
North: Vacant, single family residences
South: Vacant
East: Vacant
West: Vacant, single family residences
Environmental Impact Information
This project has been processed through environmental review
as required in Title 19, the Environmental Protection
Ordinance. A Negative Declaration, Log No. 583, has been
issued for the following reasons:
1) The project site has been previously disturbed, and
some public improvements have been installed, and
therefore the proposed project would not result in any
significant adverse environmental impacts.
V,
2) No significant flora, fauna nor any unique or historical
environmental features exist on the site or would be
impacted by the project.
3) The project is consistent with the City's current land
use plan and generally with the developmental trend in
the La Costa area.
4) The project constitutes urban infilling.
General Plan
A. Land Use EJ emen t
This property is designated as RMH, Residential Medium High
Density. The recommended density is 10 du/ac. It is,
however, possible to build up to 20 du/acre provided that
certain criteria are met. These criteria include slope,
soil stability, compatibility with surrounding development,
on-site amenities and adequacy of public facilities. The
proposed project is 9 dwellings on .35 acre of land resulting
in a density of 18 du/ac.
B• Public Faci1ities
Sewer: This project has been allocated nine sewer units
from the Leucadia County Water District.
Schools: School fees will be assessed on this project when
the building permit is issued. The project is in the
San Marcos Unified School District.
Water: Water service will be provided by the Carlsbad
Municipal Water District.
Gas & Electric: Gas and electric services will be provided
by SDG&E.
On-Site and Adjacent Public Improvements: Public Improvements
will be required per the City Public Improvement Ordinance
and/or as conditions of approval.
Other Public Facilities: The Planning Commission 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.
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C • Other Elements
This project is consistent with the other elements of the
General Plan.
Past History and Related Cases
CT 79-12/CP-16, Malter.
This item was first heard on October 10, 1979. The project
is for 19 units with a density of 18 du/acre. The maximum
allowed density is 20 du/acre. Required -parking was not
permitted on El Fuerte, since it is a secondary arterial.
The design of the current project is similar, although with
fewer units, to the previous project. The applicant has
been working with staff to provide adequate guest parking.
Major Planning Considerati ons
1. Does this project adequately serve as a buffer between
the commercial area to the south and the single family
areas to the north and west?
2. Is the density, 18 du/acre, in conformance with the
General Plan? Have all the necessary criteria been
fulfilled?
3. Does the design of this project meet the requirements
of the condo ordinance? Are the units suitable for
ownership housing?
4. Is the , provision for all guest parking on-street acceptable?
Will this parking be available to serve visitors or
will the parking be used by the tenants?
Pi scus's'ion
This is a request for a 9 unit condominium project on the
northeast corner of Unicornio and Cacatua. The subject
property is located in a medium to high density residential
area. The area is designed to act as a buffer between the
commercial area at El Fuerte and Alga and the single family
residential area to the north and west. The subject property
is one lot away from single family dwellings in the R-l
zone.
The General Plan Land Use Element specifies that the rec-
ommended density is 10 du/acre. If certain criteria are
fulfilled and amenities provided, the density may be increased
to an absolute maximum of 20 du/acre. The proposed denisty
of this project is 18 du/acre. Each unit has been provided
with a private yard. The units open onto a landscaped
walkway which leads to both the street and to the parking
area. All of the parking is located in one area, away from
the units. Therefore, the parking and driveway areas do
not disrupt or dominate the living areas.
-3-
The one problem with allowing this density above the rec-
ommended density is the proximity of this project to a
single-family area. The extensive landscaping in the front
yard and the provision of all tenant parking on-site should
help to ease the transition from the multiple density area
to the single family area. The project meets all required
development standards. Individual laundry facilities will
be provided for each unit. All tenant parking is on-site;
guest parking will be provided for on-street. There is room
for seven spaces on Unicornio and Cacatua; only five are
required. The units at the west end of the building may use
the on-street spaces as tenant spaces rather than leaving
them available for guests. There should, however, be adequate
guest parkingavaiTable.
Exhibit A, dated 9/13/79, shows the.recreation area as private
yards. Since the minimum dimension for a yard is 10 feet,
the yards provide only 176 square feet of recreation area.
200 square feet are required. The applicant has agreed to
increase the yard area sufficiently to provide the necessary
area.
His project also fulfills all of the design criteria. The
driveway is not a dominant feature and pedestrian walkways
are safe and pleasant. The project does not constitute a
disruptive element to the neighborhood and will be compatible
with other uses and with the circulation pattern.
R e c ojnm e n d a t i o n
Staff recommends APPROVAL of CT 79-16/CP-19 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 allowed density range.
2) The site is physically suitable for the type ahd 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
the City's condominium ordinance.
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,- since sewer
service may be available in the future. The
Planning Commission has, by- inclusion of an appropriate
-4-
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 tenative 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 Electri c.
f) Park-in-1ieu 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 the 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 proposed project has been processed through environ-
mental review pursuant to Title 19 and a negative
declaration, Log No. 583, has been issued for the
fol1owi ng reasons :
-5-
1) The project site has been previously disturbed, and
some public improvements have been installed, and
therefore the proposed project would not result in any
significant adverse environmental impacts.
2) No significant flora, fauna nor any unique or historical
environmental features exist on the site or would be-
impacted by the project.
3) The project is consistent with the City's current land
use plan and generally with the developmental trend in
the La Costa area.
.4) The project constitutes urban infilling.
5) The proposed project is consistent with all requirements
of the Carlsbad Municipal Code.
Condi tions
1) This approval is for CT 79-16/CP-19 as shown in Exhibits
A, B, C, D, E, F, 6, dated September 13, 1979, (on file
in the Planning Department), 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 requirements
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 application.
5) This subdivision and condominium plan are approved upon
the express condition that the final map shall not be
approved unless the City Council finds at the time of
such approval that sewer service is available to serve
the subdivision.
6) This subdivision and condominium plan are 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 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.
-6-
V
7), In order to provide for fire protection during the
construction 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
Recreation Department shall be installed to City spec-
ifications at 40 foot intervals alon-g all public street
frontages.
9) The final condominium plan shall contain a note specifying
that utilities will be separately metered for each
unit.
10) The applicant shall pay park-in-lieu fees prior to the
recordation of the final map.
11) Laundry facilities shall be provided within each unit.
12) The yard areas for each unit shall be modified to
provide for a minimum of 200 square feet of open space.
The minimum dimension for such open space is 10 feet.
13) The landscaped area to the east of the parking
area shall be maintained in a manner acceptable to the
Planning Director.
Attachments
LocationMap
Exhibits A, B, C, D, E, F, G dated September 13, 1979
KJLrar
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MALT-EPS-*^
CASE NO..r_P--l'q" Date Rec'd
Description of Request ;
DCC Date:Date
Address or Location of Request; TH?^. h4Qr=STl-\T^A^r r"A^AT1 V A
Applicant; MAPTITA
Engr. or Arch.
Brief Legal; L£TT fbl4 OF E=AnOWf=? UMrT
>A^\ T>\F.
TD
Assessor Book:
General Plan Land Use Description:
Existing Zone:_
Acres: , FSI
Page:Parcel:
- RF^\nc=hlTlAl-. MEDIUM- |
No. of Lots:
Proposed Zone:
"I DU1 s
School District:
Water District:
Coast Perrtiit Area:
_Sanitation District; LHU^AT71A^WH?
/