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HomeMy WebLinkAbout1980-04-01; City Council; 6210; 18 Unit Condominium Development( CITY OF CARLSBADv.k ••—-'- —....—.,- . .. — .,.• , INITIAL AGENDA BILL NO. 6» R / 6 Dept. Hd. /S/JCH DATE: April 1, 1980 Cty. Atty./sAFB DEPARTMENT: Flaming cty> Mgr-/s/R /s/FA SUBJECT: 18 UNIT CONDOMINIUM DEVELOPMENT CASE NO.: CT 79-23/CP-32 APPLICANT: KUPFER STATEMENT OF THE MATTER The subject property is approximately one acre in size located on Altisma Way, north of Alicante Road in La Costa. The General Plan indicates ten units to the acre with up to twenty with appropriate amenities. The applicant's request is for eighteen units providing a density of 19.5 dwelling units to the acre. The applicant's original plans were rejected by the Planning Commission because they did not provide the appropriate amenities for this high density. The applicant working with the planning staff redesigned the plan providing more appropriate amenities. Through the staff review and Planning Commission hearing all concerns have been satisfactorily resolved for this project. EXHIBITS Planning Commission Resolution No. 1601 Staff Report dated February 27, 1980 Exhibits "B", "C", and "D" dated January 29, 1980 and Exhibit "E" dated Feb. 29, 1980. RECaMENDATION The Planning staff and Planning Commission recommend APPROVAL of this project as submitted and recommend that the City Council direct the City Attorney to prepare documents APPROVING CT 79-23/CP-32, per Planning Commission Resolution No. 1601. Council Action: 4-1-80 Council directed the City Attorney to prepare documents approving CT 79-23/CP-32 as per Planning Commission Resolution 1601. 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 PLANNING COMMISSION RESOLUTION NO. 1601 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN 18 UNIT CONDOMINIUM DEVELOPMENT ON ALTISMA WAY, NORTH OF ALICANTE ROAD IN LA COSTA. APPLICANT: KUPFER CASE NO: CT 79-23/CP-32 WHEREAS, a verified application for certain property, to wit: •>, Lot 247 of La Costa Valley Unit No. 5, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6730, filed in the Office of the County Recorder of San Diego, September 8, 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 as required in Title 19, the Environmental Protection Ordinance. An Environmental Impact Assessment (Log No. 619) has been prepared and a Negative Declaration issued based on the following justification: 1) The subject property has been previously disturbed and is devoid of any significant flora or fauna, or any unique or historical environmental resources. 2) A relatively minor amount of additional grading is proposed which would not result in any adverse impacts. 3) The project is consistent with all applicable plans for • this area, and with existing residential development. This existing development has not resulted in any significant environmental impacts. WHEREAS, the Planning Commission did, on the 27th day of February, 1980, hold a duly noticed public hearing as prescribed 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 c 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 the Tentative Tract Map and Condominium Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A. That the above recitations are true and correct. B. That based on the evidence presented at the public hearing the Commission finds the following findings and conditions to exist: Findings 1) 2) 3) The project is consistent with the city's current General Plan since it is within the density range specified for the site as indicated on the Land Use Element of the General Plan, in addition, the project qualifies for a density increase to 19.5 du/ac since, as conditioned, sufficient on-site amenities have been provided. « 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 and subdivision regulations. 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. b) 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 —2—3, - 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 4) 5) cannot be approved unless sewer service is avail- able, and building cannot occur within the project unless sewer service remains available, the Plan- ning Commission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer ser- vice for this condominium permit and tentative map approval. c) School fees to mitigate conditions of over-crowding are required at the time of building permits pur- suant 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 comply with their rules and regula- tions. e) Gas and electric service will be provided by San Diego Gas and Electric. f) The applicant shall pay park-in-lieu fees to the city prior to the approval of the final map. g) All necessary public improvements have been either provided or will be required as conditions of approval. - h) All other public facilities necessary to serve the project will not be available con- current with need. However, the applicant has agreed, and is required by the inclusion of an appropriate condition, to pay a public facilities fee. Performance of that contract, and payment of this fee, will ensure that facilities will be available concurrent with need as required by the general plan. The design of the project and all required improve- ments will not cause any significant environmental impacts, and a Declaration of Negative Environmental Impact has been issued by the Planning Director on November 28, 1979, Log No. 619. 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 comprehensive embracing land, buildings, landscaping and their relationships, the driveways -3- 6 16 17 22 26 27 28 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. Conditions 1) Approval is granted for CT 79-23/CP-32 as shown on Exhibits A, B, C and D to CT 79-23/CP-32, dated January 29, 1980; and Exhibit E to CT 79-23/CP-32, dated February 19, 1980, on file ' in the Planning Department and incorporated by reference. Development shall occur substantially as shown on these exhibits unless otherwise noted in these conditions. 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. 3) The applicant shall 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. 4) 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. 5) This subdivision condominium plan is approved upon the express condition that building 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. 6) 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 off-site stand pipes with required fire flows shall be installed on and/or off-site if recommended by the Fire Chief or his designee.24 7) The applicant shall pay park-in-lieu fees to the city prior to the approval of the final map. //// //// //// -4- ,td 6- 8) Street trees of a variety approved by the Parks and Recreation Department and shall be installed to city specifications at 40 foot intervals along all public street frontages. 9) This approval is expressly conditioned on the payment by the applicant of the public facilities fee required by the City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated by reference. According to the agreement executed by the applicant for payment of said fee. A copy of that agreement, dated February 23, 1980, is attached hereto and incorporated by reference. If said fee is not paid as promised, this application will not be consistent with the general plan and the project cannot proceed and this approval shall be void. ID) The applicant shall submit a detailed landscape and irrigation plan subject to the approval of the Planning Director prior to the issuance of building permits. Said plan shall utilize drought tolerant plant species. 11) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Access Lane". 12) The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to the issuance of building permits. -•• 13) Automatic garage door openers shall be installed on all garage doors prior to final occupancy of any unit. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 12th day of March, 1980, by the following vote, to wit: AYES: Schick, Marcus, Leeds, Larson, Jose NOES: None ABSENT: Friestedt, Rombotis ABSTAIN: None ATTEST: EDWIN S. SCHICK, tfR.V Chairman CARLSBAD PLANNING COMMISSION?G! com: N .Secretary £!ARLSBAD PLANNOfG COMMISSION —5— DATE: TO: FROM: SUBJECT: BACKGROUND REVISED STAFF REPORT February 27, 1980 Planning Commission Planning Department CT 79-23/CP-32 - KUPFER - Request for an 10 unit condominium development on Altisma Way, north of Alicante Road in La Costa Description The applicant is requesting approval of 18 condominium units on a generally rectangular .92 acre site at the above described location. The two-story townhouse style units will be arranged in four separate clusters having four to five units each. Two private driveways located on each side of the property line will provide access to the project. The property is basically level, has been previously graded, and is devoid of any significant vegetation. A SDG&E transmission easement borders the site to the north. Existing Zoning and Land Use Site: North: South: East: West: RD-M RD-M RD-M RD-M RD-M Vacant Vacant (SDG&E easement) Residential - Condominium Residential - Condominium Residential - Condominium General Plan Information 1) Land Use Element; The City's current Land Use Plan designates the subject property as Residen- tial-Medium-High Density (10-20 du's/acre). As proposed, the project has a density of 19.5 du's/ acre. 2) Public Facilities Sewer Service; The applicant has been allocated a total of 18 sewer hookups for the subject property by the Leucadia County water District, thus, at this time, adequate sewer is available to serve the devel- opment . Schools; The project is located within the San Marcos Unified School District. School fees will be assessed at the time of building permits if this project is approved since this District is currently experiencing conditions of over-crowding. Other Public Facilities; All other public facilities necessary to serve this project will not be available concurrent with need. The Planning Commission may, by inclusion of an appropriate condition, require that the project contribute to the co'sts of such facilities according to City Council Policy No. 17. Since the development would pay its appropriate share of public facilities it would require, the Planning Commission could be assured that the requirements of the Public Facilities Element of the General Plan would be satis- fied. 3) Other General Plan Elements: The project is consistent with all other elements of the City's current General Plan. Environmental Impact Assessment Based on an initial study and field investigation of the site, by staff, the Planning Director has determined that the project will have no significant impacts on the envi- ronment, and therefore has issued a Negative Declaration, Log No. 619, on November 23, 1979. - 2 - ANALYSIS Major Planning Considerations 1) Have adequate on-site amenities, including open recreation area, visitor parking and landscaping, been provided in order to justify the project's high density? 2) Is the on-site visitor parking adequately designed and conveniently accessible to all units? Discussion On December 12, 1979, the Planning Commission reviewed an earlier site plan for an 18 unit condominium development on the subject property. This plan proposed 16 units tak- ing access off of a single interior drivewey. with the remaining units taking access directly off of Altisma Way. The Planning Commission objected to the lack of adequate open recreation area, insufficient private areas and in- adequate visitor parking. The Commission voted to continue this item to allow the applicant time to work with staff to modify the project to alleviate the Commission's concerns. The most recent proposal is Exhibit "A", dated 1/29/80, and is the best design to date. Although the number of units has not changed, the unit layout and site design has been significantly improved. The applicant provided driveways along the eastern and western property lines, thus, the units face onto a common landscape/recreation area. Also, private patios are proposed on half of the units, and bal- conies on all of the units. As mentioned previously, the project, as proposed with 18 units, would result in a net density of 19.5 du/ac. This exceeds the suggested maximum density of 10 du/ac. which has been established for this site, by the General Plan. A density increase of up to 20 du/ac is allowable only if certain amenities are provided, including recreation area, landscaping and on-site visitor parking. In order to pro- vide for those amenities, and thus .qualify for' a density increase, staff is recommending that the southernmost unit of the cluster located in the northeastern quadrant of the site be deleted and, in its place, relocate all three on- site visitor spaces currently proposed at the end of each driveway. - 3 - As proposed, these two visitor spaces require, a very difficult 180 degree turning movement when exiting these spaces. In addition, they are not centrally located to all of the units. Their relocation would eliminate both of these problems and increase landscaping at the end of both driveways. The trash enclosure located adjacent to these relocated spaces could be placed adjacent to the landscaped area created at the end of the easternmost driveway. Further, the elimination of the unit and relocation of the visitor parking spaces opens up the development, providing additional room for landscaping, which has not been exten- sively provided on the site. It also removes the potential for noise impacts which would result from the close proxim- its of the refuse container to this unit. With the plan modifications as recommended by staff, the project would provide a well-designed comprehensive plan that embraces land, buildings, landscaping and their inter- relationships. Further, adequate amenities, including open recreation area, landscaping, on-site visitor parking and private areas, would be provided, thereby justifying the project's density. Also, as conditioned, the project.meets all development standards which have been established by the City's Condo- minium-Ordinance. Specifically all setback, open recreation space, storage space and parking requirements have been met. RECOMMENDATION Staff recommends that the Planning Commission forward a recommen- dation of APPROVAL of CT 79-23/CP-32 to the City Council based on the following findings and subject to the following conditions: A) Findings 1) The project is consistent with the City's current Gen- eral Plan since it is within the density range speci- fied for the site as indicated on the Land Use Element of the General Plan and, in addition, the project qua- lifies for a density increase beyond the suggested •maximum since, as conditioned, sufficient on-site amen- ities have been provided. 2) The site is physically suitable for the type and den- sity 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 require- ments of the City's condominium ordinance and subdivi- sion regulations. _ 4 - 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. b) 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 avail- able, and building cannot occur within the project unless sewer service remains available, the Plan- ning Commission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as' they apply to sewer ser- vice for this condominium permit and tentative map approval. c) School fees to mitigate conditions of over-crowding are required at the time of building permits pur- suant 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 comply with their rules and regula- tions. 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. — 5 — h) All other public facilities .necessary to serve the project will not be available con- current 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 develop- ment will pay its proportionate share of the public facilities which it will require, the Planning Commission is satisfied that the re- quirements of the public facilities element of the general plan have been satisfied. 4) The design of the project and all required improve- ments will not cause any significant environmental impacts, and a Declaration of Negative Environmental Impact has been issued by the Planning Director on November 28, 1979, Log No. 619. 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 comprehensive embracing land, buildings, land- scaping and their relationships, the driveways are not dominant- features, and sufficient cir- culation and on-site amenities are provided. b) Storage space, laundry facilities, open re- creation areas, parking facilities, refuse areas, separate utilities and requirements of Section 21.47.130 have been met or will be made conditions of approval. . B) Conditions 1) The applicant shall submit a revised site plan incorporating the conditions of approval contained herein to the Planning Department subject to the Planning Director's approval•prior to the issuance of building permits. 2) Approval is granted for CT 79-23/CP-32 as shown on Exhibits B, C and D to CT 79-23/CP-32, dated Janu- ary 29, 1980; and Exhibit E to CT 79-23/CP-32, dated February 19, 1980, on file in the Planning Deparment and incorporated by reference. Development shall occur substantially as shown on these exhibits unless otherwise noted in these conditions. 3) The southernmost unit of the building located in the northeastern quadrant of the site shall be deleted and, in its place, the two visitor park- ing spaces proposed at the northern end of the driveway, and the visitor parking space proposed along the west driveway, shall be relocated. These changes shall be made on the final condominium site plan and approved by the Planning Director. 4) 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 Plan- ning Director. 5) The applicant shall provide school fees to miti- gate conditions of overcrowding as part of build- ing permit applications. These fees shall be based on the fee schedule in effect at the time of build- ing permit application. 6) 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 tirae of such approval that sewer service is available to serve the subdivision. 7) This subdivision condominium plan is approved upon the express condition that building permits will not be issued for development of the subject prop- erty 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. 8) 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 off-site stand pipes with required fire flows shall be in- stalled on and/or off-site if recommended by the Fire Chief or his designee. 9) 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. 13,- 7 - ,.—S, 10) Prior to the issuance of building permits, the applicant shall pay a public facility fee as established in City Council Policy No. 17. 11) The applicant shall submit a detailed landscape and irrigation plan subject to the approval of the Planning Director prior to the issuance of • building permits. Said plan shall utilize drought tolerant plant species. 12) All private driveways shall be kept clear of parked vehicles at all times, .and shall have posted "No Parking/Fire Access Lane." 13) The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to issuance of building permits. 14) Automatic garage door openers shall be installed on all garage doors prior to final occupancy of any unit. 15) The trash enclosure located along the east drive- way shall be relocated to the landscaped area located at the north end of the east driveway. ATTACHMENTS: Location Map Disclosure Form BH:BM:ma 2/21/80 %H$<-«,, t.-^''.fc-fej^ BESTCopy CASE Rec'd DCC Date; 12-^ PC Date Description of Bequest: Address or Location of Request: Applicant: Engr. or Arch. Brief Legal: Assessor Book; ~2,\*5 General Plan Land Use Description: Existing Zone; Acres: •£\t\ Page;Parcel; j o No. of Lots: Proposed Zone:_ | DU's School District: Water District:/ Coast Permit Area: Sanitation District; DU/Acre , i 7C ftXtot ihe information you have submitted has been reviewed, it is determined tlv:t CurMvsr information is required, you wiJ.l be so advitied. r i i / r -I 4^ /APPLICANT:' (-«J<T<v/ A*. V*» L-ojT*. _ n /y^yT^CY/^, Name (inclxviilual, partnership, joint venture, corporation, syndicaLaon). AGENT: f-c>.g>» Business Address irt -i_S3_9 Telephone Kumber Name -". 6. Business Address MEMBERS: Telephone Number Kame (individual, ^artneT) joint venture, corporation, syndication) Home Address "Business Address Telephone Number ©Name or 6 - Telephone Number Home Address Business Address Telephone Number Jo Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained ^.n this dis- clonure is true and correct and that it will remain true and correct and may be upon as being true and correct until amended. \ Or* Applicant BEST COPY