Loading...
HomeMy WebLinkAbout1980-05-06; City Council; 6236; 17 Unit Condominium- Morrow/GoodmanCITY OF CARLSBAD AGENDA BILL NO. £ DATE: MAY 6, 1980 DEPARTMENT: PLANNING Q INITIAL _Dept. Hd. _Cty. Atty. Cty. Mgr. SUBJECT: 17 UNIT CONDOMINIUM CASE NO: CT 79-26/CP-42 APPLICANT: MORROW/GOODMANIOW/C STATEMENT OF THE MATTER The subject property is situated on the east side of Romeria Street between La Costa Avenue and Gibraltar. The site is .72 acres in area, providing a density of 23.6 dwelling units to the acre. Through the planning staff review and Planning Commission hearing, all concerns have been resolved on this project. EXHIBITS 1. 2. 3. 4. Planning Commission Resolution No. 1605 Staff Report dated February 27, 1980 Exhibit "E" dated January 18, 1980 Exhibit "C" & "D" dated December 17, 1979 RECOMMENDATION Both the planning staff and Planning Commission recommend that this application be approved and that the City Attorney be directed to prepare documents APPROVING CT 79-26/CP-42, per Planning Commission Resolution No. 1605. Council Action: 5-6-80 Council directed the City Attorney to prepare documents approving CT 79-26/ CP-42, per Planning Commission Resolution 1605. 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 6 PLANNING COMMISSION RESOLUTION NO. 1605 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A 17 UNIT CONDOMINIUM PERMIT AND TENTATIVE MAP LOCATED ON THE EAST SIDE OF ROMERIA STREET BETWEEN LA COSTA AVENUE AND GIBRALTAR. APPLICANT: MORROW/GOODMAN CASE NO: CT 79-26/CP-42 WHEREAS, a verified application for certain property, to wit: Lots 387 and 388 of La Costa South, Unit No. 5 of Map 6600. Book No. 216, Page 290, Parcel 31, in the County of San Diego, California. 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 Protection Ordinance. An Environmental Impact Assessment (Log No. 631) has been prepared and a Negative Declaration issued based on the following justification: 1) The subject property has been previously graded and is devoid of any significant flora or fauna or other significant environmental resources. 2) The additional grading is necessary to prepare the site for development is relatively minor in nature and would not result in any significant environmental impact. 3) The project is similar in scale and character to other residential projects which have been developed without any apparent adverse impacts to the development. WHEREAS, the Planning Commission did, on the 27th day of February, 1980, hold a duly noticed public hearing as prescribed i 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 6 |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. 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) 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. 2) 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. 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 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 available, and building cannot occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of -2- i 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 6 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 Olivenhain 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. g) All necessary public improvements have been either provided or will be required as conditions of approval. h) 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 the fee will enable this body to find that public facilities will be available" concurrent with need as required by the General Plan. The design of the project and all required improvements will not cause any significant environmental impacts, and a Declaration of Negative Environmental Impact has been issued by the Planning Director. The proposed condominium project meets the criteria of the City's Condominium Ordinance since: a) The condominiums meet the design criteria of Chapter 21.47.110 since the overall plan is compre- hensive embracing land, building, landscaping and their relationship 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) This approval is granted for that portion of land described in the application CT 79-26/CP-24, and development shall occur substantially as shown on Exhibit E, dated 4) 5) "\ — 3— 6 10 11 12 13 14 16 17 18 19 24 26 27 6 1/18/80, 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 require- ments 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 appli- cation. 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 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. 7) 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, as recommended by the Fire Chief or his designee. 21 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. 9) 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 Feb. 27, 1980 / 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. 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 10) 11) 12) 13) 14) 15) 16) 17) 18) The applicant shall pay park-in-lieu fees prior to the recordation of the final map. The applicant shall submit a final detailed landscape and irrigation plan subject to the approval of the Planning Director prior to the issuance of building permits. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/ Fire Access Lane Signs." The developer shall receive the approval of the City Engineer for a site grading plan and obtain a grading permit prior to issuance of a building permit. Grading shall occur in accordance with an approved grading and erosion control plan, city standards, and an approved soils and geologic investigation report (which shall include slope stability calculations and construction specifications). Drainage improvements shall be constructed in accordance with an approved plan, and the work shall be coordinated with the overall plan for grading and erosion control. All facilities shall be maintained by the property owner in perpetuity. This condition excludes all drainage easements granted to the City of Carlsbad. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control and/or the City Engineer. All land and/or easements required by this subdivision shall be granted to the city, without cost to the city, and free of all liens and encumbrances. Immediately upon the completion of grading, all slopes in excess of 10 feet in vertical height shall be stabilized by hydroseeding, mulching and fertilization. The seed mix shall be designed by an expert in the field based on a soil analysis of the slopes taken at intervals as prescribed by the Parks and Recreation Director, and shall be approved by the Parks and Recreation Director prior to issuance of building permits. The seed mix shall be designed so as to include the maximum number of indigenous species as feasible without reducing the effectiveness of the erosion protection. The mulch shall be applied at not less than 2,000 Ibs/acre., or acceptable alternative. In addition, these slopes shall also be planted with fast growing, drought tolerant shrubs and trees (20 — 5— 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 27 28 d //^Ts<^f' feet on center) and an adequate irrigation system shall be installed. 19) Automatic garage door openers shall be installed on each garage door prior to final occupancy of any unit. 20) The applicant shall submit an updated Title Report indicating the current owners to the Engineering Department prior to issuance of building permits. 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, v 1980, by the following vote to wit: AYES: Schick, Larson, Fries tedt, Marcus, Leeds, Rombotis Jose NOES: None ABSENT : None ABSTAIN : None K M\ r\if} \\ \ (V<i A,*,,, U ^ J wr r EDWIN S". SCHICK, 'UR A Chairman CARLSBAD PLANNING COMMISSION ATTEST : ^ /^~) "^2^^^^ (^'^/^^^^^^F&C. HAGAMA~N^ ^ecretaitfy SBAD PLANNING COMMISSION -6- \ O STAFF REPORT DATE: February 27, 1980 TO: Planning Commission FROM: Planning Department SUBJECT: CT 79-26/CP-42 - MORROW/GOODMAN - Request for a 17 unit condominium permit and tentative map located on the east side of Romeria Street between La Costa Avenue and Gibraltar. I. BACKGROUND Location and Description of Property Morrow/Goodman is requesting approval of a 17 unit condominium project at the above described location. The subject property contains .72 acres and had previously been graded into two pads. There are slopes along the east and south sides, and one slope running through the center of the property. The northern pad is approximately 15 feet lower than the southern one. Existing Zoning and Land Use Zoning Subject Property: North: South: East West: RDM RDM-P-C RDM, R-l P-C RDM Land Use Vacant Vacant Multiple Family, Single Family Vacant, Single Family Vacant, Multiple Family General Plan Information Land Use Element - This property is designated RH, Residential High Density, allowing 20 dwelling units per acre. The Land Use Element permits an increase in density to 30 du/acre, provided that certain criteria are met. These criteria include slope, soil stability, compatibility with surrounding uses and on-site amenities. This project, 17 units on .72 acre has a density of 23.6 du/acre. Public Facilities Element Sewer; The Leucadia County Water District has allocated 18 sewer units for this project. Conditions will restrict development unless sewer is available. Water; This project will be serviced by the Olivenhain Water District. Gas and Electric; These services will be provided by SDG&E. Schools ; This project is in the San Dieguito Unified High School and Encinitas Union School Districts. School fees will be required at time of building permit. Parks ; Park-in-lieu fees are required as a condition of approval. On-site and Adjacent Public Improvements; All necessary improvements have been provided or will be required as conditions of approval. 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 Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been satisfied. 3. Other Elements; This project is consistent with all other elements of the general plan. Environmental Impact Assessment The Planning Department has reviewed the initial study and has field investigated the site and has found no significant adverse impacts on the environment resulting from this project. The Planning Director, therefore, has issued a Negative Declaration Log No. 631, on December 31, 1979. II. ANALYSIS Major Planning Considerations 1. Does this project meet the letter and the intent of the City's Condominium Ordinance? 2. Are both development standards and design criteria met by this project? •2- Design Criteria The proposed project contains 17 units arranged in six clusters on the site (Exhibit "E" ) . Each cluster is separated by common open recreational space, easily accessible to all the units. The main recreational area is a large swimming pool and deck area located in the center of the site. A picnic area is located on the north property line designed to take advantage of the view to the north and northwest. Two driveways provide access to the units. Because of the grading constraints of the site, a circular drive is not feasible. To alleviate the visual impact of the driveways, the project proposes landscape planters along their length. Also, the separation of buildings into clusters minimizes the corridor effect of the driveways. The pedestrian walks are designed to provide easy access to the recreation areas and Romeria Street. Further, the walkways are designed to minimize conflicts with the driveways. Pedestrian, crosswalks are distinguished from the driveways by use of a tile design as shown on Exhibit "E". The applicant has designed the project to take advantage of the views to the north and northwest. Because of the differences in pad elevations, each unit maintains a view. An additional design feature proposed is a large amount of landscaping buffering the swimming pool area from the driveway. Staff is recommending a condition requiring a detailed landscape and irrigation plan prior to issuance of building permits to ensure sufficient landscape buffering throughout the site. Overall, staff feels this project does meet all design criteria as listed in the condominium ordinance. Development Standards The project proposes 4481 square feet of open-recreational space exceeding the 3400 required by code. Also, the project has met or exceeded storage and parking require- ments. Two trash enclosures are proposed in centralized areas as shown on Exhibit "E". Each enclosure will be enclosed by a solid decorative concrete, stuccoed wall to match the buildings. All other development standards have been met. III. RECOMMENDATION It is recommended that the Planning Commission forward a recommendation of APPROVAL of CT 79-26/CP-42 to the City Council based on the following findings and subject to the following conditions: -3- o Findings 1) 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. 2) 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. 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 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 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 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 Olivenhain 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. A 10 g) All necessary public improvements have been 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 design of the project and all required improvements will not cause any significant environmental impacts, and a Declaration of Negative Environmental impact has been issued by the Planning Director. 5) The proposed condominium project meets the criteria of the City's Condominium Ordinance since: a) The condominiums meet the design criteria of Chapter 21.47.110 since the overall plan is compre- hensive embracing land, building, landscaping and their relationship 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) This approval is granted for that portion of land described in the application CT 79-26/CP-24, and development shall occur substantially as shown on Exhibit E, dated 1/18/80, 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 require- ments 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 appli- cation. 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 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. 7) 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, as 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. 9) Prior to the issuance of building permits, the applicant shall pay a public facility fee as established in City Council Policy No. 17. 10) The applicant shall pay park-in-lieu fees prior to the recordation of the final map. 11) The applicant shall submit a final detailed landscape and irrigation plan subject to the approval of the Planning Director prior to the issuance of building permits. 12) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/ Fire Access Lane Signs." -6- o 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 a building permit. 14) • Grading shall occur in accordance with an approved grading and erosion control plan, city standards, and an approved soils and geologic investigation report (which shall include slope stability calculations and construction specifications) . 15) Drainage improvements shall be constructed in accordance with an approved plan, and the work shall be coordinated with the overall plan for grading and erosion control. All facilities shall be maintained by the property owner in perpetuity. This condition excludes all drainage easements granted to the City of Carlsbad. \ 16) Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control and/or the City Engineer. 17) All land and/or easements required by this subdivision shall be granted to the city, without cost to the city, and free of all liens and encumbrances. 18) Immediately upon the completion of grading, all slopes in excess of 10 feet in vertical height shall be stabilized by hydroseeding, mulching and fertilization. The seed- mix shall be designed by an expert in the field based on a soil analysis of the slopes taken at intervals as prescribed by the Parks and Recreation Director, and shall be approved by the Parks and Recreation Director prior to issuance of building permits. The seed mix shall be designed so as to include the maximum number of indigenous species as feasible without reducing the effectiveness of the erosion protection. The mulch shall be applied at not less than 2,000 Ibs/acre. , or acceptable alternative. In addition, these slopes shall also be planted with fast growing, drought tolerant shrubs and trees (20 feet on center) and an adequate irrigation system shall be installed. 19) Automatic garage door openers shall be installed on each garage door prior to final occupancy of any unit. 20) The applicant shall submit an updated Title Report indicating the current owners to the Engineering Department prior to issuance of building permits. A 1 1 a chrne n t s Location Map Disclosure Form BHrar 2/20/80 • / R b .^\ \n=.—-r~—:.( \ > .*'.*'-<'/.•'_ ' >^-wr OJ-#*C,/T;\i-MUji••"••»« : 1 I"v.-.v,^...,,„., VjjV . ft*" -*«•»• \\ . -.* i"*-* tr.V *-%-'.-i*x^ •.'••*V, Vi ;~T z jV"""V- I -,^&\ ^x i?> COPY CT Description of Request: o+-- J^.OA^<^I i«» -..-.. ^^^^ Address or Location of Roguest; Applicant: Engr. or Arch. Brief Legal: Assessor Book: ^^ ^ General Plan Land Use Description: Existing '/one: Acres: School District: Water District: Coast Permit Area: ^___ Proposed Zone : s Sanitation District: Lcur ^ Jf ""N- "O""" • to- -j.v . ,.V**-~.*.t,-f I-«fc»»»». . <•» ||t- o /.I If after the information you have submitted has been reviewed, it is determined that further1 information is required, you will be so advised. APPLICANT: AGENT: CV OO&sn-•J'-C/ llarae (individual, partnership, joint venture-, corporation, syndication) Business Address Telephone Number Name Business Address fEKBERS: Telephone Number Name (individual, partner, joint venture, corporation, syndication) Home Address S 2. & Business Address Telephone Number Telephone Kumber Home Home Address Business Address Telephone Number Telephone Number „ ' (Attach more sheets if necessary) I/We declare 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 amended. sl/ Applicant Owner, Partner/