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HomeMy WebLinkAbout1980-04-15; City Council; 6224; 18 Unit Condominium DevelopmentI. . .-- CITY OF CARLSBAD DATE : April 15, 1980 Cty. Atty. \sFh DEPARTMENT: Planning Cty. Mgr.@ vw SUBJECT 1 13 UNIT CONDOMINIUM DEVELOPPlENT CASE NO. : CT 80-2/CP-48 APPLICANT: NOORT/STOJIC STATEMENT OF THE MATTER This request is for an 18 unit condominium development located on the north side of Luciernaga Street i'n La Costa on .9 acre site. the site for medium-high density, allowing 10 units to the acre with up to 20 with appropriate amenities. factor of 20 units- to the acre. the number of units by one (17 units, 13.9 units/acre), to provide for appro- priate amenities and design efficiency. The General Plan designates The project as proposed at 13 units has a density The Planning Commission's recommendation reduces Through the planninc staff and Planning Commission hearing, all concerns have been resolved on this project. EXH I B I TS 1. Planning Commission Resolution No. 1699 2. 3. Exhibit "A" dated 2/15/30 4. Exhibits "B", "C-l", I'C-2", I'D-1" and 'ID-2" dated 2/25/80 - Staff Report dated March 12, 1980 F! E C OPlN E N D AT I 0 N The Planning staff and Planning Commission recommend that these applications be APPROVED and that the City Council direct the City Attorney to prepare documents AppRovlNG CT 80-2/CP-48, per Planning Commission Resolution No. 1609. Council Action: 4-1 5-80 Counci 1 directed the City Attorney to prepare documents approving CT 80-2/CP-48, per Planning Commission Resolution No. 1609. 4 5 6 7 8 9 13 2.1 12 13 14 15 2.6 17 18 19 ' 20 21 22 23 24 25 26 27 28 PLANNING COVAISSION RESOLUTION NO. 1609 A FSSOLUTION OF THE PL,AN?JXNG COP!MISSION 0.T' TEE CITY OF CARLSEAD , CALIFORNIA , RECOtU4ENDING APPROVAL FOR AN 18 UNIT CONDOPIINIU!I DEVELOPMENT ON THE NORTH SIDE OF LUCIERNAGA STREET, LA COSTA. APPLICANT : NOORT-STOJIC CASE NO: CT 80-2/CP-48 WHEREAS, a verified appl-ication for certain property, to wit: Lot No. 399, La Costa Meadows Unit No. 2, Map 6905. has been filed with the City of Carlsbad, and referred to the Planning Comnission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlshad Plunicipal Code; and WHEREAS, this project has been pro~essed through environmental review as required in Title 19 , the Environmental Protection Ordinance. An Environmental Impact Assessment (Log No. 645) has been prepared and a Negative Declaration issued. based on the following justification: 1) The site has been previousl-y graded and is devoid of any significant environmental resources. 2) A relatively ninor amount of additional grading is proposed. This will not adversely affect any significant environmental resources. 3) The area surrounding the project has been graded and generally committed to urban development. WHEREAS, the Planning Commission did, on the 12th day of Flarcli, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and i //// //// I 2 3 4 5 6 7 a 9 LO 31 12 13 14 15 16 37 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public he2ring, upon hearing and considering a11 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 XESOLVED by the Planning Corrmission as follows:' A. That the above recitations are true and correct. a B. That based on the evidence presented at the public hearing the Commission finds the following findings and conditions to exist: Findings 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 Flan and, in addition, the project qualifies for a density at the high end of the range, 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 regula- tions. The project is consistent with all city public facility policies and ordinances because: a1 The Leucadia County Water District has allocated sufficient sewer hookups for the project. b) The applicant has agreed and is required by the inclussion of an appropriate condition to pay a public facilities fee. Performance of that con- tract and payment of the fee enables this body to find that public facilities will be available concurrent with need as required by the General Plan. c) School fees to mitigate conditions of overcrowding are required at the time of building permits pursuant to Chapter 21.55 of the Carlsbad llunicipal Code. //// //// PC RES0 81609 -2- 1 2 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 ' 22 23 24 25 26 27 28 d) Water service will be provided by the Carlsbad Municipal Water District, and the applicant is required to comply with their rules and reulations. e) Gas and electric service will be provided by San Diego Gas and Electric. f) All necessary public improvements have been either provided or will be required as conditions of approval. The design of the project and all required improvements will not cause any significant environmental impacts, and a Declaration of Negative Environmental Impact be has been issued by the Planning Director on February 7, 1980, Log KO. 645. 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 compre- hensive embracing land, buildings, landscaping and their relationships, the driveway is not a dominant feature, and sufficient cLrculation 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: Approval is granted for CT 80-2/CP-48 as shown on Exhibit "A" to CT 80-2/CP-48 dated February 15, 1980 and Exhibits B, C-1, C-2, D-1 and D-2 to CT 80-2/CP-48 dated February 25, 1980, on file in the Planning Department and incor- pdrated by reference. Development shall occur substantially as shown on these exhibits unless otherwise noted in these conditions. The northernmost unit of building no. 4 shall be deleted. The remaining area between building nos. 3 and 4 shall be devoted to landscaping, recreation area, and an area for refuse disposal separate from the units.. These required changes Ehall be noted on the final condominium site plan and on the final map. The applicant shall prepare a reproducible copy of the final condominium site plan incorporating all require- ments of the condominium permit approval and shall be subject to the approval of the Planning Director. ) -3- 1 2 3 4 5 6 7 8 9 1C 11 12 13 14 15 * 16 17 18 19 , 20 21 22 23 24 25 26 27 28 The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. This subdivision and condominium plan is approved upon the express condition that the final map shall not be approve unless the City Cguncil finds as of the time of such approval that sewer service is available to serve the subdivision. This subdivision and 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 avail- able 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. 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 Chlef or his designee. 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. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/ Fire Access Lane." Tgis approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. A copy of that agreement, dated 2/5/80, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the Ceneral Plan and the project cannot proceed and this approval shall be void. The developer shall receive the approval of.the City Enyineer for a site gradinq plan and obtain a grading permit prior to issuance of building permits. PC RES0 #1609 -4- ”. .. ** 1 2 3 4 5 6 7 e 9 1c 11 12 13 14 15 * 16 17 18 19 20 21 22 23 24 25 26 27 28 12) Automatic garage door openers shall be installed by the applicant on all garage doors prior to final occupancy of any unit. 13) The applicant shall pay park-in-lieu fees prior the the recordation of the final map. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission ofbthe City of Carlsbad, California, held on the 26th day of March, 1980, by the following vote, to wit: AYES: Schick, Larson, Marcus, Leeds, Jose NOES: None ABSENT: None ABSTAIN: Friestedt, Rombotis ATTEST : RLSBAD PLANNIN‘G co ISSION Y PC RES0 #1603 -5- CARLSBAD PLANNING cu>f MISSION $. L STAFF REPORT DATE : March 12, 1980 TO : Planning Commission FROM : Brian Elilich, Assistant Planner SUBJECT: CT 80-2/CP-48 - NOORT-STOJIC - Request for an 18 unit condominium development on the north side of Luciernaga Street, La Costa. I. BACKGROUND - Description The proposed 1E mit condominium development will be situated on a ge-srally flat 0.9 acre site, located on the north si22 of Luciernaga Street in La Costa. The units will b~? arranged in four separate buildings, with three to six units located in each building. Each dwelling will bs zhree-stories (maximum height of 34 feet), with an azzached two-car garage. A private driveway is pro;-z-.d through the center of the property, with 11 units CY- :?-is east side and 7 on the west. -. --7 --xisting Zoni-i 2x2 Land Use Subject Pro;&---v: RDM Vacant x---- - .-- -__. - RDM Vacant Sc:--- R-2 Duplex Vacant Vacant - .. = =- - RDM --- ,\=-t~: RDM Gcxeral Plan IzfDrrnation 1. Land Use Element: The Land Use Element of the General Plan designates this site for medium- high density residential development, with an allowable range of 10-20 du/ac. As proposed, the project would result in a net density of 20 du/ac, which is permittable only if it is found that adequate on-site amenities are pro- vided - 2. Public Facilities Sewer Service: The Leucadia County Water District has issued 18 Sewer Permits for this project, and therefore, at this time, adequate sewer is available for the project. Sewer Allocation Lists, and sufficient sewer connections have been reserved for the project. ---~ r ., 11. Schools: The project is located within the San Marcos Unified School District. Since this district is presently experiencing conditions of overcrowding, school fees would be assessed at time building permits are issued. 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 costs 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 satisfied. 3. Other Elements of the General Plan - The project is consistent with all other elements of the city's current general plan. Environmental Impact Assessment Based on an initial study of the proposed project and a field investigation of the site, the Planning Director has determined that the project will have no significant impact on the environment and therefore has issued a Negative Declaration, Log No. 645, on February 7, 1980. ANALYSIS Major Planning Considerations 1) Does the design of the project provide sufficient on-site amenities to justify the project's density? 2) Would the reduction of a unit increase the overall quality of the development by providing additional room for landscaping, open recreation (both private and common) and refuse disposal? Discussion The applicant is proposing a total of 18 condominium units on a 0.9 acre site in northeastern La Costa. Due to the configuration of the site (the northeastern portion of the - site tapers inward) and the placement of the pool and visitor parking, only seven units are located on the western side of the driveway. The remaining 11 units, 3 -2- -- ,, A* which are somewhat smaller in terms of living area, are therefore located on the eastern side of the drive. This unit layout has created four pr.incipal problems in the project's overall design. First, given the narrowness of the lot, the applicant had no choice but to design the driveway through the csnter of the project. While this is not necessarily bZLI the placement of six units, all of which meet iZentical setbacks, in building no. 4 creates a rather monotonous, corridor-like effect which increases the perception of a dominant driveway. The more units which are attached without a visual break, the greater is this feeling of a long, narrow corridor with the driveway as the dominant feature. The second problem with the project's present design is the lack of area on the eastern half of the site avail- able for landscz2ing and recreation facilities, Amenities for such as thess, which are well integrated into the site, are necesszry to justify densities above 10 du/acre. As noted, the przject's density is presently 20 du/acre, or twice the sucgisted maximum. Third, the placscs:r?t of 11 units on the eastern half of the site has net saly reduced the amount of landscaping in this area, 5-:z It has created a situation whereby the second u~it frzn the northern end of building no. 3 lacks the rninixm 10 feet dimension for private 1. Fatios. A pzk~z -.;ith a dimension in any direction of less than 12 Is considered inadequate for private recreation LLZ;ZZZ,. -49 Fourth, by o-;sr-l3ading this half of the site with units, thers is xsufficient area available for a refuse contz.ixez. The plans presently show a refuse area adjacext =Z the northern most unit of building no. 4. This is unezsirable given the noise impact potential crszzed by s~~ck a location. I= grder to eliminate these design concerns, staff is rsrommending that the northern most unit of building ED. 4 be deleted. By removing this unit, the perception cf a dominant driveway and long narrow corridor is significantly lessened since the number of attached ~5.5~ is reduced and visual relief in the form of additional Iicdscaping and common recreation area, is provided. 'Il?is unit reduction also permits the shifting of building no. 3 southward, thereby providing the addi- I tional room necessary to ensure adequate patio areas for all units. With this modification, staff believes that there is sufficient justification, given the project's design and provision of on- site amenities, to allow a density in excess of 10 du/ac on this site (at 17 units, the project would result in a net den- sity of 19 du/acre). -3- I The applicant has provided other amenities required by the Condominium Ordinance including, but not limited to: two covered parking spaces per unit plus seven visitor spaces (three provided on site); two centrally located refuse containers; over 400 square feet of open recreation area per unit; private patios and balconies for each unit; over 500 square feet of storage area per unit; and ample on-site landscaping. 111. RECOMMENDATION Staff recommends that the Planning Commission forward a recommenation of APPROVAL of CT 80-2/CP-48 to the City Council based on the following findings and subject to the following conditions: Findings: 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 and, in addition, the project qualifies for a density increase beyond the suggested maximum since, as conditioned, sufficient on-site amenities have been provided. T5e 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 regula- tions. The project is consistent with all city public facility policies and ordinances because: a: The Leucadia County Water District has allocated sufficient sewer hookups for the project. 5; The applicant has agreed and is required by the inclussion of an appropriate condition to pay a public facilities fee. Performance of that con- tract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. -4- c) School fees to mitigate conditions of over-crowding 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 comply with their rules and regulations. e\ Gas and electric service will be provided by San Diego Gas and Electric. f) All necessary public improvements have been either provided or will be required as conditions of approval. 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 developmen: will pay its proportionate share of the public facilities which it will require, the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been satisifed. 9) All other public facilities necessary to serve the 4) The design of t?.s Froject and all required improvements will not cacss 57 significant environmental impacts, and a Declauatiz: of Negative Environmental Impact be has been issue2 by the Planning Director on February-7, -- -980, Log XC. z-2. - 5) The propose? zzz2crninium project meets the criteria of Chapter 21.4- IzcDdominiums) since: -I a) The cczzzr:ciums meet the design criteria of Chapttz LL.47.110 since the overall plan is compre- hensivs ezkracing land, buildings, landscaping and their relztionships, the driveway is not a dominant feature, zzd sufficient circulation and on-site amenities are provided. Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate utilities and requirements of Section 21.47.130 have been ret or will be made conditions of approval. Conditions: 1) Approval is granted for CT 80-2/CP-48 as shown on Exhibit 1 "A" to CT 80-2/CP-48 dated February 15, 1980 and Exhibits B, C-1, C-2, D-1 and D-2 to CT 80-2/CP-48 dated February 25, 1980, on file in the Planning Department and incor- porated by reference. Development shall occur substantially as shown on these exhibits unless otherwise noted in these conditions. -5- The northernmost unit of building no. 4 shall be deleted. In addition, all patios shall have a minimum lineal dimension in any direction of 10 feet outside of the required setback. The remaining area between building nos. 3 and 4 shall be devoted to landscaping, recreation area, and an area for refuse disposal separate from the uaits. These required changes shall be noted on the final condominium site plan. 3) The applicant shall prepare a reproducible copy of the final condominium site plan incorporating all require- ments of the condominium permit approval and shall be subject to the approval of the Planning Director. 4) The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based 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 the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 6) This subdivision condominium plan is approved upon the express condition that building permits will not be issued Engineer determines that such sewer facilities are avail- able at the time of application for such permits and will ccntinue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. I,- 8- - development of the subject property unless the City 7) Ir? order to provide for fire protection during the cs-struction period, the applicant shall maintain pzssable vehicular access to all buildings. In addition zzequate 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. 8) 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. ; -6- .. 10) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "NO Parking/Fire Access Lane. 11) This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. A copy of that agreement, dated 2/5/80 , is on file with the City Clerk and incorporated herein 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." 12) 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. 13) Automatic garage door openers shall be installed by the applicant on all garage doors prior to final occupancy of any unit. Attachments Location Map Disclos.ire Form Exhibi-s "A" (2/15/80), B, C-1, C-2, D-1 b D-2 (2/25/80) EM : ma 2/27/80 -7- - i ~chool District: St!+ WAF<> mtcr District: ek ~~~ Sanitation District: Lc a Coast Permit: Area: c .. .C I , , .. , , .- ’ I If z,fLc,. ;::e inforination you have su?mittetl has hccn rcvicwed, it is detcrmiud that IurLher inforiucitjorr is rcquircd, you will he so adviscd. AGENT: . PlEMBERS: .. //)I! >! ,! .r ‘f YYf4 -1):) ‘&Y I/.,9d(<L/[ r?,? LZTAO rc vr I_ Name (individual, pax tncr, joint Hon& Address venture, corporation, syndication) c-- c- ,*fiJ\ p 737- %&9+) Business Address I . Telephone .Number Telephone Number .. ,- .:.,E .q; 4-7 :’ -. TC% ’ Business Address - Telephone Number Telephone Number .. -~ (Attach more sheets if necessary) I/Wc dcclarc under penalty of perjury’ that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amendcd. - --__--.- 4. BY ACJ,~~, cnwcr, I’artncr e. 1 I ’I c NOTICE OF PUBLIC HEARING CT 80-2/CP-48 NOTICE IS HEREBY GIVEN that the Carlsbad City Council will hold a public hearing on Tuesday, April 15, 1980 at 6:OO P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, to consider approval of an 18 unit condominium development on property generally located on the north side of Luciernaga Street in La Costa and more particularly described as "Lot No. 399, La Costa Meadows Unit No. 2, Map 6905." APPLICANT: NOORT/STOJIC PUBLISH : April 5, 1980 CARLSBAD CITY COUNCIL NOTICE IS HEREBY GIWN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Coun'cil Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00-P.M, on Wednesday, March 12, 1980, to consider approval of an 18 unit condonlinium development on property generally lccated on the north side of Luciernaga St, in La Costa and more particularly described as: Lot No, 399., La Costa Meadows Unit No. 2, Map 6905. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing- If-you have any questions, please call the Planning Department at 438-5591, - FILE NUMBER: CT 80-2/CP-48 ' APPLICANT : NOORT/STO JIC PUBLISH : March I, 1980 '. CITY OF' CARLSBAD PLANNING COMMISSION .. _. Robert & Joann Helmuth 6696 Avenida Andorra La Jolla, Ca. 92037 ..I Fred & Eary Morey 2618 Abedul Carlsbad, Ca. 92008 A/P 215-330-06 Henry Plitt 175 N. Stzte Chicago, E11.60601 A/€' 215-330-07 9 08 , 09 t 10 & 11 Ker-Kong & Ker-Hwa Tung 7739 Anillo Way Carlsbad, Ca. 92008 % EaCosta Land Co. C/O 3. L. Kramen Costa Del Mar Road Rancho L2 =osta, Ca. 1 956 Archer St. I San Diego, Ca. 92109 1 Robert Logan A/P 215-340-07 8 08 I 5414 Timothy Dr. A/P 215-340-09 Clifton Frerichs 4456 Viste de la Tierra Del Far, Ca. 92104 Frank Wheeler I San Diego, CA. 92105 I ! I ! A/P 215-3140-10 Edward E, 3. Romanow . 1779 Sea View Ave. Del Nar, Ca. 92014 A/€' 215-330-13 David & Sylvia Allan 6274 CaEe Vera Cruz La, Jolla, Ca. 92037 A/P 215-333-14 Nark Xal-;sr P, 0, EGX 133 San Karzss, Ca. 92069 A/P 215-340-02 eC C3 i r *. i ,- Regency Estates-Carlsbad #lo1 &€?2Q Palos Verde Dr. N. Rolling Hills Estates I 1 ca*9z074 A/P 215-340-06 \ Frank Ayres & Son Const. P.C. Box Drawer A Huntington Beach, Ca. 92648 i June NcCall 6816 Urubu St. I Carlsbad, Ca. 92008 A/P 215 -340 - 27-0 2 I A/P 215- 340- 27-01 I I 1 Dale Hay 6808 Urubu St. Carlsbad, .:Ca. 92008 A/P 215-340-28-01 Frank Ayres & Son Const. PLO. Bcix A I Huntington Beach, Ca. --: 9264.8 A/P 215- 340- 28-0 2 Stephen rjierrick 6802 Urubu St. Carlsbad, Ca. 92008 A/P 215-340-29-01 & 02 Edward De Plomb 5532 Ladybird Lane La Jolla, Ca, 92037 A/P 213-340-30 & 31 Richard blitz 399 Trailview Rd. Encinitas, Ca. 92024 A/P 215-340-32 .. -ab----