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HomeMy WebLinkAbout1979-12-04; City Council; 6087; 9 Unit Condominium and Tentative Tract MapCITY OF CARLSBAD \ 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 21 23 24 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 .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 -*••* . . ,,,,., .^ 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 - .5 - 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. -2- 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 -7- 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? /