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. '
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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
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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-
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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
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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.
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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—
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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
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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
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2.
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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-
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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.
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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.
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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