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HomeMy WebLinkAbout1980-11-18; City Council; 6427; 7 Unit Tentative Map & Planned unit development/ A CITY OF CARLSBAD / // *rt INITIAL AGENDA BILL NO. Cp *f 3 / Dept. Hd. _O£JL DATE:, November 18; 1980 ^ Cty. Atty DEPARTMENT: Planning Department SUBJECT:7 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT APPLICANT: Rombotis. CASE NO: CT 80-39/PUD-23 STATEMENT OF THE MATTER; The applicant is requesting approval of a 7 unit tentative tract map and Planned Unit Development on property located on the west side of Valencia Avenue, north of Park Avenue in the P-C zone. . The Planning Commission found this item to meet the design criteria and the develop- ment standards of the Planned Unit Development ordinance and subdivision ordinance. No modifications to the project were made by the Planning Commission. No public opposition was stated at the public heari'ng. Further, the Planning Director has determined this project will not have any significant effects on the environment and therefore has issued a Negative Declaration on October 3, 1980. Through staff review and Planning Commission hearing, all issues on this matter have'been satisfactorily resolved. EXHIBITS 1. Resolution No. 1713, dated October 22, 1980 2. Resolution No. 1714, dated October 22, 1980 3. Staff Report dated October 22, 1980 4. .Exhibits A & B, dated September 17, 1980 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 80-39/PUD-23, per Planning Commission Resolution Nos. 1713 & 1714. FISCAL IMPACT Staff has no anticipation of fiscal impacts at this' time. Council Action: 11-18-80 Council directed the City Attorney to prepare documents approving CT 80-39/PUD-23 per Planning Commission Resolution Nos. 1713 and 1714. ' 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. 1713 A RESOLUTION OP THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 7 UNIT TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED-ON THE WEST SIDE OF VALENCIA AVENUE BETWEEN PARK DRIVE AND SEVILLA WAY IN THE P-C ZONE. APPLICANT: ROMBOTIS CASE NO; CT 80-39 WHEREAS, a verified application for certain property to, wit: - Portion of Lot I of Rancho Aqua Hedionda, County of San Diego, Map No. 823, filed December 16, 1896. 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, the Planning Commission did, on the 22nd day of October, 1980, hold a duly noticed public hearing as prescribed 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. 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 recommends APPROVAL "of CT 80-39 based on the following findings and subject to the following conditions: Findings 1. The project is consistent with the city's general plan since it is within the density range specified for the site as indicated on the Land Use Element of the General Plan. PC RESO #1713 2. .The site is physically suitable for the type and density of the development since the site is adequate in size and shapa to accommodate residential development at the proposed density and still meet all the requirements of the city's zoning and subdivision ordinances.* 3. The project is consistent with all city public facility policies and ordinances since: a. The Planning Commission has, by. inclusion of an appropriate condition to this project insured that the final map will not be approved unless the City n Council finds that sewer service is available to serve the project. In addition, the Planning o . Commission has added a condition that a note shall be placed on the final map that building permits o •i-i •jo •i A •j K *\ P> •> n ••0 23 24 pfi 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 . b. School facilities will be provided by the Carlsbad Unified School District. c. Park-^in-lieu fees are required as a condition of approval . d. All necessary public improvements have been provided or will be required as conditions of approval. 19 3. 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. 4. The proposed project is compatible with surrounding land uses since it is being developed as R-l property and the surrounding uses are or will be low-density residential. nf. Conditions 1. Approval is granted for CT 80-39, as shown on Exhibit B, dated September 17, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. PC RESO #1713 -2- 9 10 12 __ 15 22 24 25 27 28 2. This project is approved upon-the express condition that the final map shall riot be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 3. This project is approved upon the express condition that building permits shall not be issued for develop- ment of the subject property unless the City Engineer determines that sewer capacity is available at the time of application for such permits and will continue to be available until time of occupancy. This condition shall be placed on the final.map. 4. 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 dated September 5, 1980 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. 5. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Department prior to issuance of building permits. 6. The applicant shall pay oark-in-lieu fees to the city, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 7, All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and 19 8. Approval, of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuances. 9. An all weather access road shall be maintained throughout construction as required by the fire marshal. 10. Water for fire protection to be in before combustibles are on building site as required by fire marshal. 11. In order to provide for fire protection, adequate fire hydrants with required fire flow shall be installed on and off site as required by the fire marshal. 12. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the location, shall be submitted to the fire department for approval prior to construction. PC PESO #1713 -3- 13. Fire retardant roofs shall be required on all structures to the satisfaction of the building and fire departments. 14. Brush clearance shall be maintained within a minimum distance of 30 feet to each residence. / 15. The developer shall obtain a grading permit prior to the commencement of any clearing "or grading of the site. 16. The grading for this project is defined as "controlled grading" by Section 11.06.170 (a) of the City Code. 7 Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to 8 coordinate site inspection and testing to insure com- pliance of the work with the approved grading plan, g . submit required reports and verify compliance with Chapter 11.06 of the City Code. 10 17. A concrete terrace drain shall be installed in the bench at the rear of the lots at the time the lots are graded. The drain shall be provided with one or more sidewalk underdrains, catch basins or storm drain pipes to carry water to the street, based on drainage calcula- tions and subject to the approval of the City Engineer. 18. Street trees of a variety approved by the Parks and Recreation Department shall be installed to City specifications at forty foot intervals along all public street frontages. 16 19. Sidewalks shall, be constructed on all street frontages adjacent to the subdivision boundary prior to the issu- ance of occupancy for any units. 18 20. The final map shall show the large parcel which is contiguous to this subdivision and shall designate it as a remainder. A note shall be placed on the final map stating that a building permit will not issue for the remainder until it is further subdivided in accordance with Title 20 of the Carlsbad City Code. op 21.. All exposed slopes shall be'hydroseeded or otherwise stabilized immediately upon completion of grading acti- on vities to the satisfaction of City Engineer. 24 25 26 27 28 PC RESO # 1713 -4- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 22nd day of October, 1980, by the following vote, to wit: •AYES: NOES: ABSENT: ABSTAIN: EDWIN S. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION ATTEST: JAMES C. HAGAMAE, Secretary CARLSBAD PLANNING COMMISSION PC RESO tt 1713 —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 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1714 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR A 7 UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF VALENCIA AVENUE BETWEEN PARK DRIVE AND SEVILLA WAY IN THE P-C ZONE. APPLICANT: ROMBOTIS CASE NO; PUD-23 WHEREAS, a verified application for certain property, to wit: Portion of Lot I of Rancho Aqua Hedionda, County of San Diego, Map No. 823, filed December 16, 1896. 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, the Planning Commission did, on the 22nd.day of October, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and ^ WHEREAS, at said public hearing, upon hearing and considering all testimony and agruments, if any of all persons desiring to be heard, said Commission considered all factors relating to the Planned Unit Development; 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 recommends APPROVAL of PUD-23, based on the following findings and subject to the following conditions: PC RESOL #1714 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 Findings 1. The proposed project will not be detrimental to the persons residing in the vicinity or injurious to prop- perty or improvements in the area because: a. The property will be developed as a single family subdivision and will be compatible with surrounding uses. b. The proposed lots meet the minimum requirements of the R-l-7500 zone with the exception of the sideyard requirement. 2. The proposed project is consistent with the general plan since it does not exceed the density range specified for the site as indicated on the Land Use Plan. 3. The project is consistent with all City public facilities, policies and ordinances because: a. 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. b. 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. c. All necessary public improvements have been provided or will be required as conditions of approval. d. School facilities will be available in the Carlsbad Unified School District. PC RESO #1714 -2- Conditions 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 2. 3. 4. 5. 6. 7. 8. Approval is granted for PUD-23, as shown on Exhibit A, dated September 17, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. This project is approved upon the express condition that building permits shall not be issued for development of the subject property unless the City Engineer deter- mines that sewer capacity is available at the time of application for such 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, dated September 5, 1980, 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 site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Department prior to the issuance of building permits. The applicant shall establish covenants, conditions and restrictions which shall be submitted to and approved by the Planning Director prior to final map approval. Said CC&R'S shall include a provision prohibiting parking of recreational vehicles in the 20' front yard setback. 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. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance. PC RESO #1714 -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 9. The expiration date for this project shall coincide with CT 80-39. 10. This project shall conform to all R-l zoning standards except for sideyards which shall be 5 feet on one side only, 10 feet on the opposite side. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 22nd day of October, 1980, by the following vote, to wit: AYES: Commissioner Schick, Leeds, Larson, Jose, and Friestedt. NOES : None • ABSENT: Commissioner Marcus. ABSTAIN: Commissioner Rombotis. EDWIN S. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION ATTEST: JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PC RESO #1714 -4- STAFF REPORT DATE: ' October 22, 1980 / TO: Planning Commission FROM: Planning Department. SUBJECT: CT 80-39/PUD-23 - ROMBOTIS - Request for a 7 unit tentative tract map and planned unit development located on the west side of Valencia Avenue, bet- ween Park Avenue and Sevilla Way in the P-C Zone. I. PROJECT DESCRIPTION AND BACKGROUND The applicant requests a 7 unit tentative tract map and planned unit development on 2.02 acres of land located as described above. The applicant's intent is to develop a standard R-l-7500 single family subdivision in the P-C zone. Since the P-C zone does not have specific development standards, the planned unit development process is used for review of parcels zoned P-C which are less than 100 acres in size. Attached is a memo explaining the use of a planned unit development application in the P-C zone. It should be noted that certain development standards of the planned unit development ordinance need not apply to parcels within the P-C zone (eg. common recreational areas), even through these standards are' applicable to other resi- dential zones. The Planning Commission may recall approving a similar request for a 15 unit tentative map and planned unit development on the adjacent property to the north (CT 80-1/PUD-14). The proposed project is an extension of 'this previously approved project and is similar in design and character. II. ANALYSIS Planning Issues 1) Is the project comprehensively designed and com- patible with surrounding developments? 2) Does the project meet all development standards of the zoning ordinance and the subdivision ordinance? Discussion As proposed, the project is designed as an integral part of the subdivision to the north. The lots range in size from 8200 to 10,000 square feet, consistent with properties in the.vicinity. A large open space area • will be retained to the rear of the lots which will be commonly owned and maintained. One concern with respect to the design is the large amount of -grading required to create the building pads. A total of 6000 cubic yards of cut and fill will take place creating up to 15 feet .cut slopes. Staff is recommending that a condi- tion be placed requiring the immediate planting of these slopes after grading. Since the grading of this project would be consistent with grading'practices in the vicinity, staff feels it is acceptable and will not create substantial adverse impacts to the site. In terms of development standards, the applicant is providing recreational vehicle space on each lot. Although no common recreational areas are proposed, each lot has a substantial private rear yard which can be used for recreational purposes. All development standards are based on the R-l zoning standards except for slight modifications to the side yard setback. Staff is recommending a condition requiring the develop- ment to meet all R-l zone requirements except the- sideyard which would meet a 5" minimum sideyard on one side, and 10" minimum on the opposite side. Also, the project meets all requirements of the subdivision ordinance. III. RECOMMENDATIOH • ' It is recommended that the Planning Commission adopt Resolutions 1713 and 1714, APPROVING CT 80-39 and PUD- 23 based on the findings and subject to the conditions contained therein. ATTACHMENTS ' ' Background Data Sheet Disclosure Form Location Map Memo from Bud Plender, dated March 13, 1980 Resolution No. 1713, dated October 22, 1980 Resolution No. 1714,-.dated October 22, 1980 Exhibits A and B, dated September 17-, 1980 BH:jt . ' 'CASE NO: Ct 80-39/PUD-- APPLICANT: RQMBOTIS BACKGROUND DATA SHEETo REQUEST AND LOCATION: 7 unit tentative tract irap and Planned Unit Developmant on the west side of Valencia and Hillside between Park and Sevilla Way. """ L--_-— -•-. -•--«- --.-J.IL.I-.VUI.-. --..... -- r,LL_^--,_i,. jj.- -!.-™_,1._.-»-.-..-_1LJ 1L ----- _n_,__r__»4_ j_^™ ™r i^ij.j., IT-I" — 1 r LEGAL DESCRIPTION: _ Portion of Lot I of Rancho Aqua Hedionda, County of - San Diego, Map No. 823, filed Decarfoer 16, 1896. Portion of Assessors Parcel Number: 207 .- 100 - 51 Acres 2.02 NO. of Lots GENERAL PLAN AND ZONING General Plan Land Use Designation R-M (Medium Density) Density Allowed 4-10 du's/AC Density Proposed 3.47 du's/AC Existing Zone P-C Proposed Zone — Surrounding Zoning and Land Use: Zoning Land Use North P-C . Vacant - Graded S.F.R. Pads South R-A-10,000 Vacant East R-l S.F.R. West P~C Vacant PUBLIC FACILITIES School District Carlsbad Unitied - Securred agreement, dated September 3, 1980 : : School Letter, dated September 4, 1980 Water District C^ of Carlsbad Sewer District City of Carlsbad _ \ _ EDU's Not Applicable Public Facilities Fee Agreement, dated September 5, 1980 _ (Other: _ ' _ IMPACT ASSESSMENT X Negative Declaration, issued October 3, 1980 Log No. 762 _ E.i.R. Certified, dated _____ _ _ Other, __ _____ _ - _ If after the information you have submitted has been reviewed, it is determined that further information is ^^uired,' you will be so advise/^k APPLICANT: AGENT:' Name (individual, partnership, joint venture, corporation, syndication) P. 0. Box 1133, 32^ Elm Ave., Carlsbad, Ca 92008 729-7911 Business Address Telephone.Number Kamar Construction Co* COPY Jerry L. Rombotis Name P. 0. Box 1153, 325 Elm Ave., Carlsbad, Ga 92008 729-7911 Business Address MEMBERS: Telephone Number > Robert L. Rombotis Name (individual, partner, joint venture, corporation, syndication) 2341 Nicklaus, Oceanside Home Address 325 Elm Avenue, C.arlsbad, Ca. 92008 Business Address• 729-7911 •435-3130 Telephone Number Jerry L. Rombotis Name Telephone Number ' .1730 Calavo Ct.« Carlsbad Home Address 323-Elm Ayenue, Carlsbad, Ca. 92008 .. Business Address 729-7911 ' '729-5080 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. Applicant Agent, Owner, Partner DATE: March 13, 1980 TO: Frank 7\leshire, City Manager FROM: I If Bud Plcnder, Planning Department SUBJECT: CT 80-1/PUD-14,. ROMBQTIS • To better understand why this project is being developed as a Planned Unit Development, a brief history of the P-C zone and PUD process needs to be briefly reviewed. The P-C regulations at the time that the subject property was zoned P-C x-.rere quite different than they are today. Originally, the P-C zone provided no development standards or procedural requirements. A specific plan, based upon a master plan was required with each development and was to provide development standards and land use regulations. The intent of this original P-C zone .was to provide a two-fold process. First,' to provide a. master planned community, such as La Costa. Second, to provide for innovative development as is normally thought of with planned unit developments. Without fully analyzing the ability of the P-C zone to achieve these goals, many parcels in the city were zoned P-C. Later, recognizing that the P-C zone needed further refincr^-ant and guidelines, the city modified the P-C zone and .developed the planned unit development procedure. The new P-C zone is to plan large areas and therefore has a minimum zone district area of 100 acres. However, there are many existing P-C zoned areas of less than '100 acres that are now non-conforming. The P-C zone requires that these non-conforming P-C zones be developed by planned unit developments or by condominium .permits. A planned unit development normally is considered a project that is planned in an innovative manner relating to the surrounding area, topography, and natural characteristics of the site. It also provides design flexibility. In the case of planned unit developments in a nori- conforming P-C zone, however, the city has used the process as a tool to provide development standards, since the P-C zone has no standards. The subject project is a normal detached single-family subdivision', not a true planned unit development, however, the Ktaff and Planning Commission found this acceptable because the project is an. extension of the already built single-family detached project 'directly to the; cast. 6 To provide proper development standards the Planning Commission approved a condition requiring that all development arid use regulations shall meet the R-l zone standards with some slight modification to the yard requirements. They also added a condition reg.ui.ring that the tentative map be modified to include the entire 30 acre parcel to be subdivided of which only 3.3 acres are to be developed as single family residences. This will indicate the configuration of the remaining 26.7 acre lot after the subdivision of the 3.3 acre subject site. 'The Planning Commission also added, four engineering conditions that were inadvertantly left off the staff report. BP:ar 3/24/80