HomeMy WebLinkAbout1980-12-02; City Council; 6439; 6 Unit tentative tract map & Condominium Permit.CITY Q_F CARLSBAD
INITIAL
AGENDA BILL NO. fj L/3 7 '- Dept. Hd. ££_
DATE: Dec'ember 2, 1980 Cty. Atty
DEPARTMENT: Planning Department _Cty. Mgr.W_
SUBJECT:
6 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT
APPLICANT: EVENT PROPERTIES CASE NO: CT 80-29/CP-lll
STATEMENT OF THE MATTER; : '•
This item is a request for a 6 unit tentative tract-map and condominium permit on
property located on the east side of Cacatua Street, north of Unicornio Street in
the RD-M zone.
The Planning Commission found this project to meet all development standards and
design criteria of the Condominium Ordinance. The Commission expressed concern
on the possible visual impact of the project on an adjacent single family residence
to the north and added Condition No. 19 requiring a 61 high decorative stucco
fence along the north property line. In addition, the Commission modified Condi-
tion No. 6 to require landscape planting along the northern property line nfext'to the
6' high fence to visually buffer the project from the adjacent residence.
One letter of public opposition was submitted to the Planning Commission from Mr. and
Mrs. Leonard M. Thorp who lives in the adjacent single family residence to the north.
Through staff review and Planning Commission hearing, all issues on this matter have
been satisfactorily resolved.
ENVIRONMENTAL REVIEW' ' .
The Planning Director determined that this project will not have any significant
adverse environmental impacts and has issued a Negative Declaration on August 8, 1980.
FISCAL IMPACTS
Staff anticipates no fiscal impacts resulting from this project.
EXHIBITS .
T. Staff Report, dated November 12, 1980
2. Planning Commission Resolution No. 1720
3. Exhibits A-D, dated November 3, 1980 .
4. Exhibit F, dated July 8, 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 80-29/CP-lll, per Planning Commission Resolution No. 1720.
AGENDA BILL NO. 6439 Page 2
Council Action:
12-2-80 Council directed theCity Attorney to prepare documents approving CT 80-29/CP-lll,
as per Planning Commission Resolution No. 1720.
STAFF REPORT
DATE: November 12, 1980
TO: Planning Commission
FROM: Planning Department
SUBJECT: CT 80-29/CP-lll - EVENT PROPERTIES - Request for
approval of a tentative subdivision map arid condo-
minium permit to develop 6 units on the east side
of Cacatua Street north of Unicornio Street in the
RD--M zone.
I. PROJECT DESCRIPTION
The applicant is requesting approval of a tentative
subdivision map and condominium permit to develop six
units on a .48 acre parcel, located, as described
above. The subject property is a regularly shaped,
previously graded lot fronting on Cacatua Street.
The proposed one-level, stacked units would each be
2227 square feet in size. Resident parking would be
provided in a common underground garage, gaining access
from Cacatua Street.
II. ANALYSIS
(£}
1) Does the project meet all development standards of
the condominium ordinance?
2) Does the project meet all aspects of the design
criteria of the condominium ordinance?
Discussion
The proposed development fulfills the basic development
standards of the condominium ordinance. Resident park-
ing, storage space and a trash enclosure would be pro-
vided in the underground garage. Laundry facilities
would be included in each unit. Separate utility
meters would also be provided.
Open recreation requirements would be satisfied by a
combination of private balconies and courts and a
common open/recreation area. Each unit would have a
120 square foot balcony, with the exception of the
easternmost unit on the first level. This unit would
have a private court, approximately 225 square feet in
size. A 880 square foot spa area would be provided at
the rear of the project.
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The proposed development also satisfies all aspects of
the design criteria of the condominium ordinance. The
overall plan appears well designed. The spa area is
easily accessible, linked to the units by pedestrian
walkways. The units, parking and recreation areas
appear well integrated and appropriately placed on
site.
Although the project site immediately adjoins an R-l
zone, staff feels the proposed density of 12 du/ac will
not constitute a disruptive element to the neighborhood.
The land use designation for the property is RMH,
Residential Medium High Density. This category permits
a minimum of 10 du/ac and development to a maximum of 20
du/ac if certain criteria are satisfied.
Staff feels the 12 du/ac are justified by availability
of public facilities and provision of recreational
amenities beyond those required by the development
standards of the condominium ordinance. Additionally,
the relatively low density from the maximum permitted,
and the five foot high fence which is proposed to
surround the perimeter of the property, should mini-
mize the potential impact on the adjacent R-l property.
Staff is satisified that all aspects of the development
standards and design criteria of the condominium
ordinance have been met, as shown on the attached ~
exhibits.
III. RECOMMENDATION
It is recommended that the Planning Commission adopt
Resolution No. 1720, APPROVING CT 80-29/CP-lll, based
on the findings and subject to the conditions contained
therein.
ATTACHMENTS
Exhibit A, B, C, & D, Dated, November 3, 1980
Exhibit F, Dated, July 8, 1980
Planning Commission Resolution No. 1720
Location Map
Background Data Sheet
Disclosure Form
Reduced site plans and elevations
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BACKGROUND DATA. SHEET
CASE NO; CT 80-29/Cl
APPLICANT: Event Properties
REQUEST AND LOCATION: Request for a tentative subdivision map and
condominium permit to develop 6 units on property generally located on
the east side of Cacatua Street north of Unicornio Street
LEGAL DESCRIPTION: Lot 513 of la Costa Meadows Unit No. 3, in the City of
Carlsbad, County or ban Diego, according to map thereof No. 7076,' tiled in
the Office of the County Recorder, October 6, 1971
Assessors Parcel Number: 215 -
Acres -48 No. of Lots
360 - 01
GENERAL PLAN AND ZONING
General Plan Land Use Designation
Density Allowed 10-20
Existing Zone RDM
RMH
Density Proposed
Proposed Zone
12
RDM
Surrounding Zoning and Land Use:
Zoning
North R-l
South RDM
East
West
RDM
Land Use
SFR _"•
Multiple Family (under construction)
Vacant
RDM Vacant
PUBLIC FACILITIES
School District
Water District
Sewer District
San Marcos Unifiprl
Costa Real
Leucadia County EDU's 6 Perrpit Nr>. 11439
Public Facilities Fee Agreement, dated
(Other:
May 16f 1
ENVIROIMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued August 8, 1980 Log No.
E.I.R. Certified, dated
739
Other,
/•"sIf after the information! have submitted has been revi^d, it is determined
that further information is required, you will be so advised.
APPLICANT: Event Properties,Inc. California Corporation
AGENT:
MEMBERS:
Name (individual, partnership, joint venture, corporation, syndication)
9229 Sunset Blvd. Suite 413 Los Angeles CA.90069
Business Address
(213) 274-5986
Telephone Number
Joe Ayvazi
Name
Dorn,Platz & Company 515 N.Brand Blvd. Glendale CA..9T2Q3
Business Address
(213) 242-2152
Telephone Number
Ajax N.V. Netherland Antilles Corporation
Name (individual, partner, joint
venture, corporation, syndication)
Home Address
c/o.Curacao International Trust Company N.V.
Business Address
8 Handelskade P.O.Box 812 Curacao,Netherland Antilles
Telephone Number
Snowmass N.V.
Telephone Number
Netherland Antilles Corporation
Name Home Address
c/o. Curacao International Trust Company N.V.
tusiness Address
Handelskade P.O.Box 812 Curacao,Netherland Antilles
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.
H\Y\ N
Applicant
BY H.M.Hov se p ian
Agent, Owner, Partner
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PLANNING COMMISSION RESOLUTION NO. 1720
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE SUBDIVISION MAP AND
CONDOMINIUM PERMIT TO DEVELOP 6 UNITS ON. PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF CACATUA
STREET NORTH OF UNICORNIO STREET.
APPLICANT: EVENT PROPERTIES
CASE NO: CT 80-29/CP-lll •
WHEREAS, a verified application for certain property to, wit:
Lot 513 of La Costa Meadows Unit No. 3, in the
City of Carlsbad, County of San Diego, according
to Map thereof No. 7076, filed in the Office of
the County Recorder, October 6, 1971.
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 12th day of
November, 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 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 recommends APPROVAL of CT 80-29/CP-lll,
based on the following findings and subject to the
following conditions:
Findings;
1) The project is consistent with the General Plan since the
proposed density of 12 du/ac is within the density range of
10-20 du/ac established for this property in the Land Use
Element of the General Plan.
APN 215-360-01
1 2) The site is physically suitable for the type and density of
the development since the site is adequate in size and shape
2 to accommodate residential development at the proposed density
and still meet all the requirements of the condominium
3 ordinance.
4 3) The project is consistent with all city public facility
policies and ordinances since;
5 a) The Leucadia County Water District has allocated
6 sufficient sewer connections for the project.
7 b) The Planning Commission has, by inclusion of an
appropriate condition to this condominium permit insured
8 that building permits will not be issued unless the
City Council finds that sewer service is available to *
9 serve the project, and building cannot occur within
the project unless sewer service remains available thus,
10 the Planning Commission is satisfied that the require-
ments of the public facilities element of the General
11 Plan have been met insofar at they apply to sewer
service for this and condominium permit approval.
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c) School Fees to mitigate conditions of overcrowding
13 are required at the time of building permits pursuant
to Chapter 21.55 of the City Municipal Code.
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d) Park-in-lieu fees are required as a condition of
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16 e) All necessary public improvements have been provided or
will be required as conditions of approval.
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f) The applicant has agreed and is required by the inclusion
18 of an appropriate condition to pay a public facilities
fee. Performance of that contract and payment of the
19 fee will enable this body to find that public facilities
will be available concurrent with need as required by
20 the General Plan.
21 4) The design of the project and all required improvements will
not cause any significant environmental impacts since, based
22 on an initial study and field investigation of the site, the
Planning Director has issued a negative declaration on August
23 8, 1980, Log No. 739.
24 5) The proposed condominium project complys with the provisions
j of Chapter 21.47 (Condominiums) since:
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a) The condominiums meet the design criteria of Chapter
26 21.47.110 as the overall plan is comprehensive, embracing
land, building, landscaping and their relationships, and
27 sufficient circulation and on-site amenities are provided
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PC RESOL #1720
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b) Storage space, laundry facilities, open recreation
areas, parking facilities, refuse areas, separate
utilities and all other requirements of Section
21.47.130 have been met or will be met by condi-
tions of approval.
6) The design of the subdivision and type of improvements
will not conflict with easements for public use or
public access through the subject "property.
Conditions
1. Approval is granted for CT 80-29/CP-lll, as sfoown on
Exhibits A-D, dated November 3, 1980 and Exhibit F,
dated July 8, 1980, incorporated by reference and on
file in the Planning Department. Development shall
occur substantially as shown unless otherwise noted in
these conditions.
2. 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.
3. This project 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 sewer facilities are available at the time of
application for such permits and will continue to be
avilable until time of occupancy. This note 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 a
copy of that agreement dated May 16, 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.
23 ji 5. The applicant shall prepare a reproducible mylar of the
final condominium site plan incorporating the conditions
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contained herein. Said site plan shall be submitted to
and approved by the Planning Department prior to the
issuance of building permits.
6. 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.
Said plan shall include tree planting to screen the adjacent
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northerly property from the project
PC RESO #1720 -3-
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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.
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 with required fire flows shall
be installed on and off site as required by the Fire
Department.
The applicant 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.
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 Planning Department
and Building Department.
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 #1720 -4-
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1 17. If any grading is proposed, the developer shall receive
the approval of the City Engineer for a site grading
2 plan and obtain a grading permit prior to issuance of
building permits. The grading shall occur in accordance
3 with an approved grading and erosion control plan and
city standards.
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18. The developer shall comply with all the rules, regulations
5 and design requirements of the respective sewer and water
agencies regarding services to the project.
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19. The applicant shall install a 6' high decorative stucco
7 wall along the northern property line prior to final
occupancy of any units. Detailed plans of said wall shall
8 be submitted to and approved by the Planning Director prior
to the issuance of a building permit.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
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the Planning Commission of the City of Carlsbad, California,
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held on the 12th day of November, 1980, by the following
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vote, to wit:
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AYES:
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NOES: -
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ABSENT:
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ABSTAIN:
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19 I MARY MARCUS, Chairman
CARLSBAD PLANNING COMMISSION
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ATTEST:
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23 JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
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PR ,' PC RESO #1720 -5-