HomeMy WebLinkAbout1981-01-06; City Council; 6470; 9 Unit tentative tract map & Condominium Permit•***%
CITY OF CARLSBAD
INITIAL/AGENDA BILL NO: jj */ y Q _ DEPT.
DATE: January 6, 1981 CTY. ATTY.
DEPARTMENT: PLANNING CTY. MGR /)
SUBJECT :
9 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT
CASE NO: CT 80-31/CP-113 , EVENT PROPERTIES
STATEMENT OF THE MATTER! : - '
This item is a request for a 9 unit tentative tract map and
condominium permit located on the northwest corner of Unicornio
Street and Cacatua Street in the RDM zone.
Staff originally recommended denial of this project because staff
did not believe that its high density was justified and compatible
with surrounding properties. However, the Planning Commission found
this project to meet all design criteria and development standards
of the Condominium Ordinance and felt that the project's proposed
density (19.25 du's/ac) was justified because of on-site amenities *
The Planning Commission is therefore recommending approval of this
project.
Environmental Review
The Planning Director has determined that this project will not
cause any significant environmental impacts and has issued a
negative declaration on August 8, 1980.
Fiscal Impact
No fiscal impacts are anticipated by this project.
Exhibits
1. PC Resolution No. 1721
2. Staff Report dated November 12, 1980
3. Negative Declaration . -. .
4. Exhibits A-F , dated November 3, 1980
Recommendation
The Planning Commission recommends that this application be APPROVED
and that the City Attorney be directed to prepare documents APPROVING
CT 80-31/CP-113, per Planning Commission Resolution No. 1721.
Council Action:
1-6-81 Council directed the City Attorney to prepare documents approving CT 80-31/CP-113,
per Planning Commission Resolution No. 1721.
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PLANNING COMMISSION RESOLUTION NO. 1721
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE SUBDIVISION MAP AND
CONDOMINIUM PERMIT TO DEVELOP 9 UNITS ON PRO-
PERTY GENERALLY LOCATED ON THE NORTHWEST COR-
NER OF UNICORNIO STREET AND CACATUA STREET.
APPLICANT: EVENT PROPERTIES
CASE NO; CT 80-31/CP-113
WHEREAS, a verified application for certain property to,
wit:
Lot 485 of La Costa Meadows Unit No. 3, in the 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 and a conti-
nued public hearing of the 10th of December, 1980 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 Com-
mission 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 80-31/CP-113,
based on the following findings and subject to the
following conditions:
APN 215-350-61
1 Findings;
2 1) The project is consistent with the General Plan since the
proposed density of 19 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 and the density is justified
based upon on-site amenities including recreational facili-
ties and underground parking.
2) 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 proposed den-
sity and still meet all the requirements of the condominium
ordinance .
8 3) The project is consistent with all city public facility
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a) The Leucadia County Water District has allocated
sufficient sewer connections for the project.
b) The Planning Commission has, by inclusion of an
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policies and ordinances since;
appropriate condition to this condominium permit insured
that building permits will not be issued unless the
City Council finds that sewer service is available to
serve the project, and building cannot occur within
the project unless sewer service remains available thus,
the Planning Commission is satisfied that the require-
ments of the public facilities element of the General
Plan have been met insofar as they apply to sewer
service for this and condominium permit approval.
C) School Fees to mitigate conditions of overcrowding
are required at the time of building permits pursuant
to Chapter 21.55 of the City Municipal Code.
d) Park-in-lieu fees are required as a condition of
approval .
20 e) All necessary public improvements have been provided or
will be required as conditions of approval.
f) The applicant has agreed and is required by the inclu
sion 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.
25 4) The design of the project and all required improvements will
not cause any significant environmental impacts since, based
on an initial study and field investigation of the site, the
Planning Director has issued a negative declaration on August
8, 1980, Log No. 740.
5) The proposed condominium project complys with the provisions
of Chapter 21.47 (Condominiums) since:
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PC RESO #1721 r2-
.a) The condominiums meet the design criteria of Chapter
21.47.110 as the overall plan is comprehensive, embrac-
0 ing land, building, landscaping and their relationships,
** and sufficient circulation and on-site amenities are
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met or will be met by conditions of approval.
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through the subject property.
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. General Conditions
g 1) Approval is granted for CT 80-31/CP-113, as shown on
Exhibits A, B, C, D, E, and F, dated November 3, 1980,
incorporated by reference and on file in the Planning
Department. Development shall occur substantially as
shown unless otherwise noted in these conditions.
12 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.•i*
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provided.
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
6) The design of the subdivision and type of improvements will
not conflict with easements for public use or public access
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 sewer permits and will continue to be available
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 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 pay park-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.
6) 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.
PC RESO #1721 -3-
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8 Department prior to final map appro'val.
9 10) The applicant shall prepare a detailed landscape and
10 by the Planning Director prior to final map approval.
11) Parking lot trees shall be a minimum 15 gallon size.
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12) All landscpaed areas shall be maintained in a healthy and
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Planning Department
7) 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
8) The applicant shall prepare a reproducible mylar of the
final condominium site plan incorporating the conditions
contained herein. Said site plan shall be submitted to and
approved by the Planning Director prior to the issuance of
building permits.
9) 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
irrigation plan which shall be submitted to and approved
thriving condition, free from weeds, trash, and debris.
13) Any signs proposed for this development shall be designed
in conformance with the city's Sign Ordinance and shall
require review and approval of the Planning Department prior
to installation of such signs.
16 14) Trash receptable 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
Director.
15) 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
Director.
Engineering Department
16) 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
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the Parks and Recreation Department.
26 Fire Department
27 17) In order to provide for fire protection during the
construction period, the applicant shall maintain
23 passable vehicular access to all buildings. In addition,
PC RESO 11721 -4-
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5 Building and Fire Department.
6 20) All fire alarm systems, fire hydrants, extinguishing systems,
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adequate fire hydrants with required fire flows shall
be installed on and off site as required by the Fire
Department.
18) Proposed security gate systems shall be subject to
approval of both Police and Fire Departments prior to
approval of final map.
19) Fire retardant roof shall be required on all structures by
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for
approval prior to construction.
21) Prior to the issuance of building permits, complete building
plans shall be submitted to the Fire Department for review
and approval.
11 PASSED, APPROVED AND ADOPTED at a regular meeting of
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the Planning Commission of the City of Carlsbad, California,
13 held on the 10th day of December, 1980, by the following
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vote, to wit:
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AYES: Marcus, Rombotis, Larsen, Leeds, Friestedt, L'Heureux
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NOES: None
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ABSENT: None
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ABSTAIN: Jose
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21 CUS, Chairman
PLANNING COMMISSION/ i22
ATTEST:
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25 XJAMES C. HAC^MAN/ Secretary
jSBAD PLANNING COMMISSION
PC RESO #1721 .-5-
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STAFF REPORT
DATE: November 12, 1980
TO: Planning Commission
FROM: Planning Department
SUBJECT: CT 80-31/CP-113 - EVENT PROPERTIES - Request for a
Tentative SubdivisTon Map and Condominium Permit
to develop 9 units on the northwest corner of
Unicornio Street and Cacatua Street in the RD-M
zone.
I. PROJECT DESCRIPTION
The applicant is requesting approval of a Tentative
Subdivision Map and Condominium Permit to develop 9
units on a ,47 acre parcel, located, as described above.
The subject property is a previously graded corner lot,
fronting on both Unicornio Street and Cacatua Street.
The proposed one-level, stacked units would range in size
from 1923 to 2227 square feet. Resident parking would be
provided in a common underground garage, gaining access
from Unicornio Street.
II. ' ANALYSIS
1. Does the project meet all development standards of
the Condominium Ordinance?
2. Does the project justify the proposed density of
19.25 du/acre by the guidelines set in the Land Use
Element of the General Plan?
3. Does the project meet all aspects of the design
criteria of the Condominium Ordinance?
Discussion
The project satisfies the basic development standards of the
Condominium Ordinance. Resident parking, storage areas, a
trash enclosure and separate utility meters would be provided
in the underground garage. Sufficient space exists, on-street,
to exceed visitor parking requirements. Laundry facilities
would be included in each unit.
Also, the open recreation area requirement is met by a
combination of private balconies and a common pool area.
Staff's primary concern is the projects proposed density of
19.25 du/acre "which appears inconsistent with the Land Use
Element of the General Plan. The land use designation for
this property is RMH, Residential Medium High Density. The
category would permit 10 du/acre and a potential maximum of
20 du/acre if certain criteria are met. The Land Use Element
specifies:
The criteria shall be reviewed on a project-by-project
basis and shall include such things as slope of land,
soil stability, compatibility with surrounding land
uses, flood plain protection, adequacy of public facilities,
on-site amenities and preservation o-f unique and desirable
natural resources. In other words, the density allocation
for any project starts at the low end and, if a higher
•density is desired, the proposed development must prove
itself worthy of the higher designation.
The project site is a flat parcel, with no unique features,
separated by one lot, to both the north and west, from R-l
zones. Although the applicant proposes to provide on-site
amenities, in the form of recreation area, beyond those
required by development standards of the Condominium Ordinance,
staff feels that this alone does not justify the significant
increase in density.
Since the proposed development is in close proximity to
property zoned R-l, staff feels a lower density would be
more desirable and compatible with existing and future
surrounding land uses.
With respect to design criteria, the issue of land use
compatibility is also a significant concern of staffs. As
outlined in the Condominium Ordinance, proposed developments
"shall be compatible with existing and planned land uses and
shall not constitute a disruptive element to the neighborhood
or community."
Staff feels, therefore, that the project, at the density
proposed, is inconsistent with the Land Use Element of the
General Plan and does not meet the design criteria of the
Condominium Ordinance.
III. RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution
No. .1721, DENYING CT 80-31/CP-113, based on the findings
contained therein.
ATTACHMENTS
PC Resolution No. 1721
Background Data Sheet
Location Map
Disclosure Form
Reduced site plans and elevations
Exhibits A, B, C, D, E, F and X dated Nov. 3, 1980
Exhibit H dated July 3, 19.80
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11/4/80 -2-
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1200.ELM AVENUE . 4 N< X7 • \ TELEPHONE:
CARLSBAD, CALIFORNIA 92003 V Wu(i/ J ' ' (714)729-1101
Cttp of
. . NEGATIVE DECLARATION
PROJECT TITLE: NINE UNIT CONDOMINIUM DEVELOPMENT
PROJECT LOCATION: Northwest corner _of Unlcornio and ranatna S-1-rp.p.-f-c;
PROJECT DESCRIPTION: Applicant is proposing a nine unit condominium
ment on one .48 acre parcel. The project will result in a net density
of 18.75 du/acre v/hich is in conformance with the general plan designation
of 10-20 du/acre for this site. The site has previously been graded and
...A5,,devo;i;d of any significant environmental resources. No additional
grading is proposed. All surrounding parcels are presently undeveloped.
This project should not result in any adverse impacts to the surrox.-md.lncr
environmental resources.
PROJECT PROPONENT: EVENT PROPERTIES INC. : ;
LOG NO: 740 PERMIT/FILE NO:
The City of Carlsbad has conducted an environmental review of the above described project
purunant to the Guidelines for Implementation of the California Environmental Quality
Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of
said review, a draft Negative Declaration (Declaration of Non-Significant Impact) is
hereby issued for the subject project. Justification for this action is on file in the
Planning Department„
A copy cf the Negative Declaration with supportive documents is on file in the Planning
Depi^rtnient, City Hall, 1200 Elm Avenue, Carlsbad, CA. Coomtnts from thvj public are
invited, Please submit conments in writing to the Planning Commission within five (5)
days of date of publication August 13, 1980 .
SIGNED:__ ^ c.
/Y PLANNING DIREClX
// CI'JY OF CAKLSMD'
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BACKGROUND DATA
NO: CT. 8Q-31/CP-.J.3
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APPLICANT: EVENT PROPERTIES
r AND LOCATION- REQUEST FOR A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT
TO DEVELOP 9 UNITS AT THE NORTHWEST CORNER OF UNICORNIO STREET AND CACATUA STREET.
LEGAL DESCRIPTION: LOT ^85 OF LA COSTA MEADOWS UNIT NO. 3, IN THE COUNTY OF SAN DIEGO,
ACCORDING TO MAP THEREOF NO. 7076, FILED'IN THE OFFICE OF THE COUNTY RECORDER, OCT. 6/71,
Assessors Parcel Number: ^5 _ 350 _ 61
Acres • '48 No. of Lots ^
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' GENERAL PLAN AND ZONING
General Plan Land Use Designation RMH
Density Allowed 10-20 Density Proposed 19.25
Existing Zone RDM ; .-....., Proposed Zone RDM
Surrounding Zoning and Land Use:
Zoning Land Use
North RDM S R-l VACANT & SFR
South RDM . VACANT AND MULTIPLE FAMILY
RDM MULTIPLE FAMILY (UNDER CONSTRUCTION)
West RDM VACANT & SFR
PUBLIC FACILITIES
School District SAN ^RCOS UNIFIED
Water District COSTA REAL
: PERMIT NOS:
Sewer District LEUCADIA COUNTY EDU's^ 11563-68 S 10^93-95
Public Facilities Fee Agreement, dated MAY 16, 1980 . . .
(Other: )
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued AUG' 8' 198Q Log No.
E.I.R. Certified, dated •
Other,
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