HomeMy WebLinkAbout1980-01-02; City Council; 6074-1; 13 Unit CondominiumAGENDA BILL NO.
DATE: January 2, 1980
CITY OF CARLSBAD
6074, SUPPLEMENT NO. L
DEPARTMENT: Planning
INITIAL /v ,_Dept. Hd.|^__J
_Cty. Atty
Cty.
SUBJECT:CONDOMINIUM
CASE NO: CT 79-13/CP-17 APPLICANT:JOSEPH
STATEMENT OF THE MATTER
The Planning Commission and Planning Staff had recommended
denial of the subject condominium, however on November 20,
1979, the City Council voted to approve it and directed
the Planning Commission to provide findings and conditions
for this approval.
On December 12, 1979, the Planning Commission approved the
findings and conditions for the approval -of the subject
condominium.
EXHIBITS
Report from Planning Commission dated December 12, 1979 (Revised 12/26/79
Staff Report dated October 24, 1979
RECOMMENDATION
The Planning Commission and Planning Staff recommend that
the City Council direct the City Attorney to prepare
documents APPROVING CT 79-13/CP-17, as per attached
Planning Commission findings and conditions as requested
by the City Council.
Council Action:
1-2-80 Council directed the City Attorney to .prepare documents 'approving
CT 79-13/CP-17 as per the attached Planning Commission findings andcondition s.
MEMORANDUM
DATE :
TO:
FROM:
SUBJECT:
December 12, 1979 (Revised 12/26/79)
Planning Commission
'Planning Department
REVISED FINDINGS AND CONDITIONS FOR
CT 79-13/CP-17 (JOSEPH)
On November 20, 1979, the City Council acted on the subject
project. Council directed staff to return the project to
the Planning Commission with findings and conditions of
approval.
Attached are the revised findings and conditions of approval
prepared by staff.
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REVISED FINDINGS (CT 79-13/CP-17)
1) The project is consistent with the City's current
General Plan since:
A) The project falls within the density range
established by the City's Land Use Plan, and the
project qualifies for a densit.y increase beyond
the suggested maximum (20 du/ac) since the project
is compatible with surroundings land uses, the
topography of the site can -safely accommodate the
project at the proposed density, sufficient public
facilities either are existing or will be required
as conditions of approval, and adequate on-site
amenities will be provided.
B) All other public facilities necessary to serve the
project will not 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 satisifed that the requirements of the
public facilities element of the General Plan have
been satisfied.
C) All other elements of the Genral Plan either do not
apply to the project or' have been satisfactorily met.
2) The project is consistent with all City public facility
policies and ordinances since:
A) The applicant is on the Leucadia County Water District
sewer allocation list, and sifficient sewer hookups
have been reserved for the project.
B) The Planning Commissi.on finds that sewer .service is
not available for this development as of the date of
this approval. However, sewer service may be avail-
able in the future. The Planning Commission has, by
inclusion of an appropriate condition to this condo-
minium 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 Commis-
sion has added a condition that a note 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 require-
ments 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 Carlsbad Municipal
Water District, and the applicant is required to com-
ply with their rules and regulations.
E) Gas and electric service will be provided by San Diego
Gas and. Electric.
P) Park-in-lieu fees are required as a condition of
approval.
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G) All necessary public improvements have been either
provided or will be required as conditions of approval.
3) The site is physically suitable for the type and 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.
4) The design of the project and all required improvements
will not cause any significant environmental impacts since
a Declaration of Negative Environmental Impact has been
issued for the project based on the justification that:
A) The subject property has been previously disturbed
and no significant plant or animal species, not any
unique environmental features or historical resources
will be affected.
B) The project is consistent will all applicable plans
covering the area, and with the trend of development.
C) The City's grading ordinance will serve to mitigate
any potential impacts from the proposed grading
operations.
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5) The proposed condominium project meets the criteria of
Chapter 21.47 (Condominiums) since:
A) The condominiums meet the design criteria of
Chapter 21.47.110 since the overall plan is com-
prehensive, embracing land, building, landscapi-ng
and their relationships, the driveways are not
dominant features, and sufficient circulation and
on-site amenities are provided.
B) Storage space, laundry facilities, open recreation
areas, parking facilities, refuse areas, separate
utilities and requirements of Section 21.47.130 have
been met or will be made conditions of approval.
Condit ions
1) This approval is granted for that portion of land des-
cribed in the application CT 79-13/CP-17 and development
shall occur substantially as shown .on Exhibits A (dated
9/12/79) and B, C, D, and E (dated 9/27/79), on file in
the Planning Department, except for modifications required
herein.
2) 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, prior to final
map approval.
3) The applicant shall comply with all rules and regulations
of the sewer and water districts regarding water and sewer
service to the subject property.
4) The applicant will provide school fees to mitigate condi-
tions of overcrowding as part of building permit applica-
tions. These fees shall be vased on the fee schedule in
effect at the time of building permit application.
5) This subdivision and 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 issue.
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6) Street trees of a variety approved by the Parks and
Recreation Department shall be installed to City specifications
at 40 foot intervals along all public street frontages.
7) Prior to the issuance of building permits, the applicant
shall pay a public facility fee as established in City
Council Policy No. 17 as agreed by the applicant.
8) The applicant shall pay park-in-lieu fees prior to the
recordation of the final map.
9) The applicant shall make a note on the final condominium
site plan stipulating that the landscape plan is revised,
substituting a drought tolerant plant species for the
proposed Agapanthus (Peter Pan) plants.
10) The applicant shall develop covenants, conditions and
restrictions, subject to the approval of the Planning Director,
which prohibits the erection of a fence higher than 42 inches
in the required front yard and side yard (along Navarra Drive).
These CC&Rs shall also specify that no portion of any patio
may encroach more than 5 feet into the front yard, or three
feet into the side yard along Navarra Drive.
11) The applicant shall agree to delineate pedestrian pathways
along both sides of the driveway thru the use of stamped
concrete embossing or other similar method. The final
condominium plan shall reflect this condition.
12) In order to provide for fire protection during the construction
period, the applicant shall maintain passable vehicular
access to all buildings. In addition, adequate fire hydrants
and/or stand pipes with required fire flos shall be installed
on and/or off-site, as recommended by the Fire Chief or his
de signee.
13) All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No Parking/Fire Access
Lane . "
Exhibits
"A" (9/12/79) B, C, D and E (9/27/79)
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STAFF REPORT
DATE: October 24, 1979
TO: Planning Commission
FROM: Planning Department
SUBJECT: CT 79-13/CP-17; 13 Unit Condominium Development
on the Southwest Corner of Navarra Drive and
Viejo Castilla Way, La Costa
APPLICANT: Joseph
I. BACKGROUND
Location and Description of Property
The subject property is located on the southwest corner of
Navarra Drive and Viejo Castilla Way, in south, La Costa.
The parcel is generally level, having been previously graded,
and covered with low-lying native vegetation. Total area of
the site is approximately 20,384 square feet. Approximately
1,000 cubic yards of. grading is proposed in order to attain
the desired pad level.
Existing Zoning
Subject Property:
North:
South:
East:
West:
Existing Land Use
Subject Property:
North:
South:
East:
West:
RD-M
RD-M
RD-M
RD-M
RD-M
Vacant
Residential
Golf Course
Residential
Residential
General Plan Information
a) Land Use Plan
The City's current land use plan designates the subject
property for high-density residential development (20-30
du/ac). With 13 dwellings, the project would fall within
this allowable density range (27.8 du/ac). However, the
general plan stipulates that the lower limit of this range
is a recommended maximum, with an increase to the upper
limit (in this case, 30 du/ac) allowable only if certain
criteria are met. These include: slope stability, compat-
ibility with surrounding development, on-site amenities, and
adequacy of public facilities.
b) Public Facilities
Sewer Service: The subject property is served by the Leucadia
County Water District. The property has been allocated 14
sewer hookups for the property.
Schools: The project site 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.
Water Service: The Carlsbad Municipal Water District is
responsible for water service to the site.
On-site arid Adjacent Public Facilities: All necessary on-
site and adjacent public facilities would be required as per
the City's Public Improvement Ordinance or as conditions of
approval.
Gas and Electric Service: Gas and electric service would be
provided by San Diego Gas and Electric. Separate gas and
electric meters are required for all units by the Condominium
Ordinance.
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. In addition, park-in-lieu fees would be assessed
at the time of building permit issuance.
c) Other Elements of the General Plan
The project is consistent with all other elemeiits of the City's
current General Plan.
Environmental Impact Assessment
A declaration of negative environmental impact has been made
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for the project based on the justification that:
1) The subject property has been previously disturbed and
no significant plant or animal species, nor any unique
environmental features or historical resources will be
affected.
2) The project is consistent with all applicable plans
covering the area, and with the trends of development.
3) The City's grading ordinance will serve to mitigate any
potential impacts from the proposed grading operations.
History arid Related Cases
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 apartment
complex, located on the east side of El Camino Real and
north of El Camino Real, to condominiums. The proposed
conversion was denied based on findings which included:
lack of a comprehensive overall design; insufficient pro-
vision of improvements required by the condominium regulations;
and lack of adequate setbacks and parking.
CP-6, (McMahon-O'Grady), City Council Agenda Bill No. 5905,
approved on 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
significant impacts to the environment or surrounding area.
Conditions of approval included: grading and drainage
modifications; provision of automatic garage door openers;
fencing restrictions; public improvement requirements;
refuse collection; landscaping requirements; and a public
facilities fee.
CT 79-7/CP-lO, Fries, approved by the City Council September
18, 1979.
The City Council conditionally approved this 39 unit condo-
minium development, finding that it met all of the requirements
of the City's condominium regulations. Conditions of approval
included: landscaping requirements, public improvements,
fencing restrictions, grading and hydro-seeding requirements
and payment of a public facilities fee.
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II. Major Planning Considerations
1) Is adequate open recreation space provided in a centralized
location? Is this recreation area sufficiently improved
to provide a desirable amenity?
2) Is the provision of all visitor parking on-street,
desirable and is the parking conveniently located?
3) Does the overhang of the second floor into the required
setback or the private driveway meet City Code? Is
this overhang visually desirable or should an additional
setback be required?
4) The applicant is proposing several enclosed patios
which extend into the required yards. Is this allowable
or desirable?
5) Is the overall design of the project characteristic of
a good condominium development? Specific concerns
relate to the dominance of the driveway and location
and extent of the recreation area and landscaping.
TIT. DISCUSSION
The applicant is proposing a 13 unit condominium development
in La Costa. Each unit will be two level, with two bedrooms
and an attached twocar garage. The square footage of each
unit will range from 1289 to 1400 square feet. ""
As proposed, the project will have a density of 27.8 du/ac.
Although the project falls within the allowable density
range as designated by the land use plan (20-30 du/ac.),
the General Plan states that the lower number of this range
represents a recommended maximum, while the higher figure
represents a potential maximum if certain criteria are met.
These criteria include: compatibility with surrounding
development, slope and stability of the site, adequacy of
public facilities, and onsite amenities. Staff believes
that the project does not meet all of the requirements of
the condominium regulations, and thus sufficient on-site
amenities are not provided. Therefore the project should
not qualify for a density increase beyond the recommended
Maximum, and staff is recommending denial. This project
is clearly an example of overbuilding the site.
A major concern raised by the project relates to the over-
hang of the second floor into the required setbacks of
the private driveway. Specifically, Section 21.47.130(1)
states that building setbacks from private driveways
shall not be less than ten feet, except garages entered
directly from the private drive may be setback five to
seven feet. In this case the applicant has set the garages
back five feet from the driveway. However, the second
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floor of each unit encroaches three feet into this five
foot setback. Staff believes that encroachment is not
consistent with the setbacks as required by the condominium
regulations, in addition to increasing the potential for
noise impacts on each unit, and providing a traffic hazard
for taller vehicles. Only a redesign of the units and
possibly, a reduction in the number of units, would alleviate
this problem.
With regard to the design criteria of Section 21.47.110,
the project falls short for a number of reasons. First,
the overall plan does not emphasize the interrelationship
between the building, landscaping and recreation area.
Although the applicant has met the required 200 square feet
of open recreation area per unit (21.47.130-8), staff feels
that this area is not adequately designed to meet the intent
of this requirement. In order to meet the recreation
requirements, the applicant is proposing a common area
(located in two areas at the western end of the lot) and a
combination of balconies and patios. However, on only two
of the units do the patios meet the required minimum
dimensions of 10 feet.
By themselves, the private balconies and patios are not
sufficient to meet the required 200 square feet of recreation
area per unit. Thus, the common area is necessary to meet
this requirement. However, staff feels that this common
area is not centrally located nor adequately improved. «•
Specifically, residences of the units located along the
northern portion of the site must either walk along the
driveway or, off-site and along the sidewalk to reach this
area. In addition, a portion of this common area is improved
with only a pedestrian walkway. Thus, this area appears
more a part of the landscaping than as a part of the common
recreation area. Finally, the integrity of this area is
broken up by the placement of a trash container between
the walkway and Jacuzzi.
Although the building elevations appear attractively
designed, due to the project's high density the units have
been designed to take advantage of the reduced setbacks
allowed by the RD-M Zone. Specifically, the RD-M Zone
stipulates that the required setbacks of side yards which
abut a street and front yards may be reduced to five feet
and ten feet respectively if the remaining yard is land-
scaped with a combination oTF flowers, shrubs and trees
(Section 21.24.040 and 050).
Originally the applicant was proposing patios within the
setback areas. The project was redesigned and the patios
xvere removed from these areas. However, the plans still
show a 42 inch fence delineating private areas within the
setbacks. Since the patios have in some cases, been
reduced to almost unusable widths, there is an incentive
for residents to expand their patios into the setback area.
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It is clear that the intent behind the reduced setbacks was
to allow buildings to develop closer to the property line in
trade for totally landscaped yards. Staff feels that the
project does not qualify for the reduced setbacks as presently
designed, since the applicant appears to be using the required
setbacks for fenced-in private areas rather than for open
landscaping.
Another design criteria is that the internal street system
not be a dominant feature in the project's overall design.
In this case, the driveway serving the units is a very dominant
feature, which bisects the project. This leaves little area
for walkways, landscaping and other necessary amenities.
Storage space and laundry facilities would be provided in
each unit's garage. In reviewing the plans, it appears that
both the storage space and stairways along the side of the
garages may interfere with vehicular parking.
As previously noted, each unit will have an attached two~car
garage. In addition, the condominium regulations require a
total of six visitor spaces which, in this case, would all
be provided onstreet. Although the regulations state that
credit may be allowed for on-street parking, high density
areas such as this one usually create considerable competition
for on-street parking. Thus, some on-site visitor parking
is desirable.
IV. RECOMMENDATION
Staff recommends that the Planning Commission forward a
recommendation of DENIAL of CT 79-13/CP-17 to the City
Council based on the following justification:
Findings
1) The proposed project is not consistent with the City's
General Plan since it exceeds the guaranteed maximum
density, and does not qualify for an increase in density
above the guaranteed figure due to a lack of onsite
amenities, including: sufficient open recreation area
conveniently accessible to all units, adequate landscaping,
and onsite visitor parking.
2) The site is not physically suitable for the density of
development since the design of project results in a
majority of the site being covered by building and
paving, with driveway as a dominant feature, and only
minimal provisions for landscaping.
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3) The proposed project does not meet all of the requirements
of Chapter 21.47 of the City's zone code since:
a) The plan does emphasize an interrelationship
between the buildings, landscaping and recreation
areas;
b) The buildings encroach into the required setbacks
of the private driveway;
c) Adequate open recreation area is not provided or
sufficiently improved;
d) Onsite visitor parking is not provided;
e) The storage space interferes with vehicular parking.
4) The project does not meet the requirements of the RD-M
zone (21.24.040 and 050) since the side yard abutting
the street and front yard are not entirely devoted to
landscaping and, in certain cases, could easily become
private patios.
5) Since the proposed project has been found to be incon-
sistent with the condominium regulations, the proposed
tract map cannot be approved.
EXHIBITS: A (dated 9/12/79) and B, C, D and E (dated 9/27/79)
Location Map
BM:ar
10/18/79
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