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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. 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. 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 0 a) The Leucadia County Water District has allocated sufficient sewer connections for the project. b) The Planning Commission has, by inclusion of an •i 2 n A 22 23 24 28 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: 3 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 K met or will be met by conditions of approval. n through the subject property. o . 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* ••c •• w ..o 2Q 22 24 nf 2Q 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- 1 2 3 4 5 6 7 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. 12 12) All landscpaed areas shall be maintained in a healthy and 13 14 15 17 18 19 20 21 22 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 25" 23 24 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- 1 2 3 4 5 Building and Fire Department. 6 20) All fire alarm systems, fire hydrants, extinguishing systems, 7 8 9 10 27 28 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 12 the Planning Commission of the City of Carlsbad, California, 13 held on the 10th day of December, 1980, by the following 14 vote, to wit: 15 AYES: Marcus, Rombotis, Larsen, Leeds, Friestedt, L'Heureux 16 NOES: None 17 ABSENT: None 18 ABSTAIN: Jose 19" 20 21 CUS, Chairman PLANNING COMMISSION/ i22 ATTEST: 23" 24 25 XJAMES C. HAC^MAN/ Secretary jSBAD PLANNING COMMISSION PC RESO #1721 .-5- c 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 CDN: ar 11/4/80 -2- c - o 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' V o COPY SUBJECT <$• -^^^ 113 DIBIT fWftRTIK zou I S~ 'b ^\ fi ani associate ABCHITEMIIRS • PLmiHS - D37B1QW121 7131 dainacoi cesa Uri-wn dis^, califonis 921U 7H-275-20 LAUD U5C BACKGROUND DATA NO: CT. 8Q-31/CP-.J.3 v V 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 ^ / ' ' 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. 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