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HomeMy WebLinkAbout1980-08-05; City Council; 6318; 40 Unit Tentative tract map and condo permit4 + D I CITY OF CARLSBAD INITIAL AGENDA BILL NO. G3/8 Dept. Hd6h DATE : Anqust 5, 1t80 Cty. Atty.?) DEPARTMENT: Planninq Cty. Mgr. -* SUBJECT: 40 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT CASE NO. CT 79-28/CP-105 APPLICANT MOLA STATEME'qI- 2; THE MATTE! The applicant is requesting approval of a 40 unit tentative tract map and condominium permit located on the east side of El Camino Real at Swallow Lane. The Planning Commission found this project to meet all development standards of the Condominium Ordinance. The Planning Commission made no changes to staff's recommendations. No public opposition was presented at the Planning Commission meeting. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. ATTACHMENTS P.C. Reso. No. 1665, dated July 9, 1980 Staff Report, dated July 9, 1980 Exhibit "A", dated June 25, 1980 Exhibits "B", "C", 'ID", "E", & "F", dated May 5, 1980 RECOMMENDAT I ON 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 79-28/CP-105 per Planning Commission Resolution No. 1665. BH/ka 7/15/80 Council Action: 8-5-80 Council directed the City Attorney to prepare documents approving CT 79-2yCF-1 c)5 per Planning Commission Resolution do. 1665. 1 2 1 4 F t i E E 1c 11 li 12 14 , 15 16 17 1E 19 20 21 22 23 24 25 26 27 28 PLANNING COYLMISSION RESOLUTION NO. 1665 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A 40 UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL, NORTH OF SWALLOW LANE. CASE NO: CT 79-28/CP-105 APPLICANT: MOLA DEVELOPMENT WHEREAS, a verified application for certain property to, wit: A portion of the west half of the northeast quarter of Section 26, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California ias been filed with the City of Carlsbad, and referred to the ?lanning Commission; and WHEREAS, said verified application constitutes a request as ?rovided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 9th day of July, 1980, hold a duly noticed public hearing as prescribed by law to :onsi&zr said request; and WHEREAS, at said public hearing, upon hearing and considering 311 testimony and arguments, if any, of all persons desiring to 3e heard, said Commission considered all factors relating to :he Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning I :omission as follows: ‘I) That the above recitations are true and correct. 3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 79-28/CP-105, based on the following findings and subject to the following conditions: ?indings L) 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. I, 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 L -4 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 density and still meet all the requirements of the condominium ordinance. The project is consistent with all city public facility policies and ordinances since: a. b. C. d. e. f. The use The applicant has received 40 edu's from the Leucadia County Water District. 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 io 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 tentative map ana condominium permit approval. School facilities will be provided by the Carlsbad Unified School District. Park-in-lieu fees are required as a condition of approval All necessary public improvements have been provided or will be required as conditions of approval. 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. proposed project is compatible with the surrounding land since the property to the south has been developed for multiple family residential purposes. Conditions 1) Approval is granted for CT 79-22/CP-105, as shown on Exhibit(s "A", dated June 25, 1980, and Exhibits "B", 'ICt' , "D", "Ett, and "F", dated May 5, 1980, incorporated by reference and on file in the Planning Department. Development shall occur sub- stantially as shown unless otherwise noted in these conditions PC RES0 #1665 -2- ,, 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 This project is approved upon the express condition that building permits will not be issued for developments of the subject property unless the City Engineer determ.ines that sewer facilitiescare available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project 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. This project is approved upon the express condition that the applicant shall pay 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 May 8, 1980, is on file with the City Clerk and is incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. The applicant shall prepare a reproducible mylar of the final condominium site plan incorporating the conditions contained herein. Said site plan shzll be submitted to and approved by the Planning Department prior to the issuance of building permits. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Department prior to final map approval. The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Department prior to final map approval. Prior to recording the final map, the applicant shall submit a letter from the Leucadia Water District stating that sufficient water will be available for this project at the time development occurs. The appli.cant shall install street trees to city spec- ifications at 40 foot intervals along all public street frontages prior to final occupancy of any building. The variety of said trees shall be subject to the approval of the Parks and Recreation Department. The applicant shall pay park-in-lieu fees to the city, prior to the approval of the final map as per Chapter 20.44 of the city's subdivision regulations. ?C RES0 #1665 -3- 1 2 2 4 E b E 7 'E 9 1c 11 1% 13 14 15 16 17 18 19 20 21 22 23 24 25 ' 26 27 20 17 18 //// //// //// //// The applicant shall submit. a street name list consistent with the city's street naming policy subject to the Planning Director's approval prior to final map approval. 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. Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval by the Planning Department prior to installation of such signs. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Department. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the PJ.anning Departmerit and Building Department. 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. 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. 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. All exposed slopes shall be hydromulched or otherwise stabilized prior to the issuance of building permits subject to the approval of the City Engineer. PC RES0 #1665 -4- >I 1 2 3 4 5 6 7 a 9 10 I1 12 13 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Drainage improvements shall be constructed in accordance with an approved plan, and the work shall be coordinated with the overall plan for grading to the satisfaction of the City Engineer. \ All units shall be provided with at least 480 cubic feet of enclosed storage area conveniently accessible to the outdoors. All units shall provide space for laundry facilities to accommodate a washer and dryer. The two barbecue facilities shown on Exhibit "A" within the San Diego Gas and Electric easement shall be relocated to an area adjacent to the swimming pool facilities. Building #2 shall be relocated to the west so it is at least 15' from the nearest open parking space. Approval of this project CT 79-28/CP-105 does not constitute approval of the future improvements shown on Exhibit A. The applicant will be required to file a separate tentative map and condominium permit for the construction of these units. The proposed future driveway and parking spaces along the southerr edge of the project as shown on Exhibit "A" are specifically not approved as part of this project. The applicant shall institute a detailed archaelogical investigation, inventory and resource recovery program covering the subject property prior to the issuance of grading permits, as suggested by the letter of February 23, 1980, from Jay Hatley of Regional Environmental Consultants. Said program shall be performed by a qualified archaeologist and a report detailing the proposed program and findings shall be submitted to and approved by the Planning Director prior to issuance of any grading permits. An all weather access road shall be maintained throughout construction as required'by the Fire Marshall. Water for fire protection to be in before combustibles are on building site as required by Fire Marshall. In order to provide for fire protection, adequate fire hydrants with required fire flow.shal1 be installed on and off site as required by the Fire Marshall. All private driveways shall be kept clear of .parked vehicles at all times, and shall have posted "No Parking/Fire Lane/Tow Away Zone" as per condition in Municipal Code. ?C RES0 #1665 -5- $1 a 2 3 4 5 6 7 a 9 10 11 12 13 2.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32) Fire retardant roof shall be requested on all structures by Building and Fire Department. 33) Brush clearance shall be maintained within a minimum ' distance of 30 feet t6 each residence. Grading 40 A report of a geotechnical investigation and a grading plan of the site shall be submitted by the applicant to the City Engineer for approval prior to the issuance of a grading permit. The report shall be prepared by a civil engineer and a qeologist licensed by the State of California and experienced in erosion control and slope stability. Recommendations made in the report shall be included on thz grading plans. The grading for this project shall be designated as controlled grading. A civil engineer and geologist shall observe the grading and coordinate the testing. If soil or geologic conditions are observed to be different than expected, they shall recommend appropriate remedial measures or changes to the plans. At the conclusion of grading they shall prepare an "as-graded" plan showing the grading as performed and the existing geologic conditions and they shall certify the adequacy of the site for development prior to the issuance of building permits. All cut and fill slopes shall be no steeper than 2 horizontal to 1 vertical unless a report of a geotechnical in;estigation prepared by a civil engineer demonstrates that the slope stability and erosion resistance of a steeper slope are adequate and it is approved by the City Engineer. No slopes are permitted within public street right-of-way. To mitigate erosion, all exposed slopes shall be hydroseeded or planted immediately upon completion of grading activities. The seed mix shall be designed by an expert in the field based on a soil analysis of the slopes per approval of the Parks and Recreation Director. No grading may be performed during the period of October 1 to April 15, unless an erosion control plan including desilting basins, etc., is submitted as-part of the grading plan and is approved by the City Engineer. Clearing operations shall not be allowed in advance of grading but rather shall be concurrent with an immediately proceeding grading activities.' A grading permit must be obtained prior to commencement of clearing operations. Clearing shall be limited to the minimum area necessary to perform grading operations. No grading shall occur outside the limits of the subdivision. unless a letter of permission is obtained from the owners of the affected properties. PC RES0 #1665 . -6- .1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 Private Streets and Drainase The design of the private street and drainage shall be approvec by the City Engineer. of 32 feet and shall have a 5 foot wide sidewalk on the south side. The north side shall be posted no parking. The design shall include street lights, curb and gutter storm drain facilities or other features as required by the City Engineer. The structural section of the private street shall conform to the City of Carlsbad. standards based on R-value tests. The street shall have a minimum width All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This condition excludes all drainage easements granted to the City of Carlsbad. This condition shall be placed in the CC&R's, Additional drainage easements and 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 concrete terrace drains shall be maintained by the homeowner's association or individual property owner in perpetuity. A statement clearly identifying this respon- sibility shall be placed in the CC&R's. Prior to recordation of the final map the applicant shall submit to the city written verification from the Costa P.?al Water District that all the requirements and conditions of the Costa Real Water District have been met. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 9th day of July, 1980, by the following vote, to wit: AYES: Schick, Larson, Friestedt, Marcus, Leeds, Rombotis, NOES: None and Jose ABSENT: None ABSTAIN: None ATTEST : CARLSBAD PLANNING COI@ISSION N ,,$ecretar$ '~RLSBAD / PLA~NI~ COMMISSION PC RES0 #1665 -7- .. STAFF REPORT DATE : July 9, 1980 TI0 : Planning Commission FROM: Mike Howes, Assisstant Planner SUBJECT: CT 79-28/CP-105 - MOLA.- Request for a tentative tract map and a condominium permit for a 48unit project iocated on the east Lide of El Camino Real at Swallow Lane. I. Project Oescription The applicant is proposing a 4f3 unit condominium develop- ment on a previously ungraded 13.39 acre site. The property is located on the east side of El Camino Real at Swallow Lane, adjacent to the eastern edge of the SDG&E easement. An existing apartment complex borders the property to the south, while the land to the north and east is vacant. The property consists of hilly terrain, sloping to the southeast. The units will be arranged in fdur separate ten-unit clusters, with resident and visitor parking located adjacent to the units in both open areas and detached structures. A private street system will connect the dispersed recreation areas. An integrated trail systein will provide pedestrian access to the recreational areas. The proposed condominium project is located in an area that is designated as RLM, Residential Low-Medium Density by the Land Use Element of the Carlsbad General Plan. This designation allows a density of 0-4 dwelling units per acre. The applicant only has enough sewer permits to construct 40 dwelling units at the present time. This would result in a density of 2.88 dwelling units per acre. However the applicant has indicated that he plans to construct two additional buildings on this site at a future date once he obtains sewer permits. The applicant has not specified exactly how many dwelling units will be provided in these two additional buildings. However he has indicated that the total number of units will not exceed the density allowed by the General Plan. Approval of CT 79-28/CP-105 does not constikute approval of the proposed future additions shown by dashed lines in the southeasterly portion of the property. (Exhibit A) _- 11. ANALY S IS - Planning Issues 1. Does the proposed project conform with the density requirements of the Land Use Element of the Carlsbad General Plan? 2. Does the proposed condominium project conform with the development standards of the condominium ordinance? 3. Does the proposed condominium project conform with the design criteria of the condominium ordinance? D i s cu.s s ion Development Standards Access to the proposed project will be via a 30' wide private street which will end in a cul-de-sac at the northeasterly corner of the project. Each of the proposed units will have one enclosed parking space and one open parking space as per the requirements of the condominium ordinance. Resident and visitor parking will be provided in parking areas adjacent to the proposed buildings. Additional visitor parking will be provided by parallel parking spaces located along the easterly side of Swallow Lane, a 32' wide private street serving this project. be set back 20'-40' from the open parking areas. Several of the buildings will be separated from the open parking areas by slopes. In the locations where the dwelling units are at the same elevation as the open parking areas dense landscaping will be used to shield the living units from the noise and headlights of the parking area. All of the buildings will Volleyball courts will be provided at the western and eastern edges of this project. These courts will be ' located at least 100 feet away from the nearest dwelling units so that the residents will not be disturbed by the activity at the courts. The applicant also proposes to locate a swimming pool and jaccuzi near the entrance of the project. This pool will be accessible via the private road serving this project or one of the proposed trails. Although the pool is readily accessible it is located away from the nearest proposed dwelling unit. Barbecue facilities will be located adjacent to each of the volleyball coufts. The applicant proposes to locate two barbecue'facilities within the 200 foot wide -2- SDG&3 easement on the southern portion of this property. These barbecue facilities would be quite isolated from the rest of the development and probably not receive much use. Staff feels. that they should be relocated so' that they are adjacent to the swimming pool and jacuzzi. These facilities along with the other open space areas of this project will surpass all of the open space and recreational space requirements of the condominium ordinance. In terms of storage, a small amount of storage will be available in the front section of the single car garages provided for each unit. According to the floor plans provided by the applicant, additional storage accessible to the outside will be provided in some of the units. A condition has been added to the approval of this project requiring that additional storage be provided so that each unit has at least 480 cubic feet of storage area accessible to the outside. The applicant has indicated to the staff that eventually he plans to integrate this project with his existing apartments and his proposed condominium project to the south. The applicant has indicated via dashed lines on Exhibit A the location of future parking areas along the sout.hern edge of this project in the San Diego Gas and Electric Company's 200 foot easement. Approval of this tentative map and condominium project in no way constitutes approval. of the proposed private street widening or parking improvements in the SDG&E easehent, nor does it justify a future conversion of the existing apartments. These improvements will have to be approved as part of the approval for the conversion of the existing apartment complex. Design Criteria This project also meets all of the design criteria of the condominium ordinance. Adequate parking and recreation facilities have been provided as per the requirements of the condominium ordinance. The recreational facilities are readily accessible and far enough away from the proposed dwelling units so the residents will not be disturbed by the activity at the recreation sites. The 200 foot wide SDG&E easement will tend to isolate this development from the noise of the traffic on El Camino Real. This large easement will also serve as an open space buffer between this project and the existing apartments to the south. -3- I 111. RECOMMENDATION It is recommended that the Planning Commission ADOPT . Resolution No. 1665, recommending APPROVAL to the Cf~ty Council- of CT 79-28/ CP-105, Eased on the findings and subject to the conditions contained therein. - Attachments Background Data Sheet .Disclosure Form Location Map PC Resolution No. 1665 Exhibit "A", dated 6/25/80 Exhibits "B", "C", 'ID", "E", and "F", dated 5/5/80 II MH : ar 7/2/80 I -4- NO: CT 79-28/CP-105 ~c~-~I~: Portion of the west half of the northeast quarter of Section 26, Township 12 south, &nge 4 west, SBb-1 to County of San Diego. Assessos ?arcel Nmh: 215 - 052 - 01 Acres 13.39 No. c-F Lzxs 1 CXEX?lL .- PIAN AND ZOSIEG General 2- Land Usi? Zssic=.zition RuIl 0-4 du/ac - Existing Land Use: Vacant Swrou-~cj zoning E!& zZ!i, ESe: ZOnir! ___L Eorth P-C mt E-I-A (COUnty) West P-C ---- Proposed Zone - .. Land use Vacant Apartmen ts Vacant . Vacant S&ml E!LeL Carlsbad Unified School District (12/19/79) Water 2*ciPL Costa Real Municipal Water District .- E.I.R. Certified, dated Other, . .. ! , .< c I I. I f , ! I ! , .. L. I . . . . . . , . . . . . . .... .. ...~ ~ .. .