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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. c 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 CDN:j t —2 — c architect STEM S. FASCEAZ.L /ill acd assomtu AECHITECTUHS • PLUM 719S daiTOTGut mesa blvd-su dis^ California 32111 7H-273-299 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 X\\ B Bg'"'1 we™ ^^P" I COPY OfflS!c/a£3 **o™» *™ I-^I f C^JJ ^^} S^ 5 tco I c Sz JJ-Offl -UaSna- -iJTBI »I»M^«» ^ r-m££& W e*=s*< — i i*"i!rii'T-*!*irt*'< •***•y.iiiM i"hi frf1 1 rr— - i[ 1- r** — ^ >! |L rrt. -emja=<!» A* ens*. fg*-6T S-E.V<>JlgU n><g>Jl" EjupiMia eruceo AS ert*- -^ _ i'-o'Mffnu+l- cvta ~ "~'& ttCfW*W(»M6 «W^-^S*rB Wtftififr-rmnm >JESTc»cru*Hr^ , »^"-« "TiTTfl '. ; i --OTU3K> /a OPBC. f-a-HOcwJf' can*. •...:: .ertvs a<nj«KF-^^. r^v. . x »-4 V "rnnrim-M-fcr m ra ra-ffi -^nsMioriSNHM*- h^CXTH -ffi: «^i ft^ AiTW<-V EAST E'_EVATION l^s: c/a • ^,- c/aSJ! a EUVA71CH- 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. 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. 12 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. 14 d) Park-in-lieu fees are required as a condition of 15 approval. 16 e) All necessary public improvements have been provided or will be required as conditions of approval. 17 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: 25 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 28 ////// ////// PC RESOL #1720 1 2 3 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 24 25 I: 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 28 " 26 27 northerly property from the project PC RESO #1720 -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 7. 9. 10. 11, 12. 13. 14. 15. 16. 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- •"N 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. 4 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. 6 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. 9 PASSED, APPROVED AND ADOPTED at a regular meeting of 10 the Planning Commission of the City of Carlsbad, California, 11 held on the 12th day of November, 1980, by the following 12 vote, to wit: 13 AYES: 14 NOES: - 15 ABSENT: 16 ABSTAIN: 17 18 19 I MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION 20 ATTEST: 22 23 JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION 24" 25 26 27 PR ,' PC RESO #1720 -5-