HomeMy WebLinkAbout1981-04-21; City Council; 6570; 14 Unit Tentative Map & Condominium Permit Pacific Shores CT 81-04£lLOXJLAJiy>MJ!
/ INITIAL
AGENDA BILL NO. Cf s_T /Q , ___Dept. Hd. ££Lx4
DATE: April 21, 1981 ' Cty. Atty._
DEPARTMENT: ___ PLANNING ____ Cty. Mgrf*; ____
__
14 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT
CASE NO: CT 81-4/CP 150 APPLICANT: PACIFIC SHORES
This item is a request for approval of a 14 unit tentative tract map
and condominium permit located on the west side of Jefferson Street,
south of Las Flores Avenue, overlooking Buena Vista Lagoon.
The Planning Commission has found the project to meet all design
criteria and development standards of the Condominium Ordinance, and
therefore, is recommending approval to the City Council.
Mr. Glenn Castens, a resident living across the street, stated his
opposition to the project because he believes the project will
block his view of Buena Vista lagoon. No other public opposition was
expressed at the meeting.
ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not cause
any significant environmental impacts and therefore has issued a
conditional Negative Declaration dated February 27, 1981, which the
applicant has 'agreed to comply with and which was approved by the
Planning Commission on March 25, 1981. A copy of the environmental
documents is on file in the Planning Department.
FISCAL IMPACTS
The applicant will construct all required public improvements for
this project prior to occupancy of any units. Also, the
applicant has agreed to pay a public facilities fee to ensure that all
other public services will be provided to this project.
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 Case No.'CT 81-4/CP 150 per Planning
Commission Resolution No. 1789.
ATTACHMENTS
1. Planning Commission Resolution No. 1789
2. Staff Report with attachments, dated March 25, 1981.
AGENDA BILL NO. 6570
April 21, 1981
Page 2
COUNCIL ACTION:
4-21-81 Council directed the City Attorney to prepare documents approving
CT 81-4/CP 150, per Planning Comnission Resolution No. 1789.
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C
PLANNING COMMISSION RESOLUTION NO. 1789
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,, RECOMMENDING *
APPROVAL FOR A FOURTEEN UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED ON THE
WEST SIDE OF JEFFERSON AVENUE
APPLICANT: PACIFIC SHORES
CASE NO; CT-81-4/CP-150
WHEREAS, a verified application for certain property to,
wit:
That portion of Tract No. 3 in Laguna Mesa Tracts
according to Map Thereof No. 1719 filed in the office of
the County Recorder of San Diego County, June 20, 1921
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 25th day of
March, 1981, 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 81-4/CP-150,
based on the following findings and subject to the
following conditions:
Findings;
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1) The project is consistent with the city's General Plan since
the proposed density of 17 du's/acre is within the density
range of 10-20 du's/acre specified for the site as indicated
on the Land Use Element of the General Plan and can be
justified for the reasons stated in the staff report-
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 density
proposed and still meet all of the requirements of the
Condominium Ordinance.
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 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, 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 tentative map and condominium
permit approval.
b) School facilities will be available to this project as
indicated by the Carlsbad Unified School District per
letter dated March 16, 1981.
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.
e) 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.
The proposed project is compatible with the surrounding land
use since the property to the north and several properties
to the south have been developed at a similar density.
PC RESO #1789 -2-
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5) This project as conditioned will not cause any significant
environmental impacts and a Conditional Negative Declaration
has been issued by the Planning Director on February 27, 1981
and approved by the Planning Commission on March 25, 19-81.
Conditions:
General Conditions
1) Approval is granted for CT-81-4/CP-150 as shown on Exhibit(s)
A-D+X dated February 6, 1981, 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
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.
3) 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
February 6, 1981, 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.
4) 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.
Planning Department
5) Approval of this request shall not excuse compliance with
all sections of the Zoning Ordinance and all other applicable
city ordinances in effect at the time of building permit
issuance.
6) 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.
7) 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.
PC RESO #1789 -3-
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8) The applicant shall prepare a detailed landscape and
irrigation plan which shall be submitted to and approved by
the Planning Director prior to final map approval. The plan
shall include salt-tolerant plants which require minimal
fertilization.
9) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
10) 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.
11) 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,
Environmental Conditions
12) The applicant shall have a 1 meter x 1 meter test unit
excavated in a controlled manner as suggested by Brian Farrell
Mooney's letter of January 27, 1981. If this excavation
indicates that there is a significant archeological site on
the property it shall be excavated and salvaged to the
satisfaction of the Planning Director.
13) The applicant shall erect a sandbag barricade arround the
limits of the grading for this project, install a silting
basin or basins and comply with all other mitigation
measures suggested in the siltation report prepared by
C. G. Engineering, and dated February 9, 1981 and the
addendum to the report dated March 10, 1981.
14) Prior to issuance of a grading permit the applicant shall
submit a detailed grading plan incorporating all of the
mitigation measures suggested in the siltation report o
February 9, 1981 and addendum of March 10, 1981.
15) The applicant shall comply with all mitigation measures
imposed by the California State Fish and Game Department.
Engineering Department
16) Drainage from roof drains and paved areas shall be carried by
a drainage system approved by the City Engineer.
17) The proposed storage area shall be proportioned into 14
separate, securable areas to the satisfaction of the Planning
Director.
18) The porches to the rear of buildings 3 and 4 shall be
constructed at ground level.
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19) The applicant shall install a decorative wall or fence
along the the westerly property line to restrict access
to Buena Vista Lagoon. A plan for said wall shall be
submitted to both the Planning Director and California^
State Fish & Game Department subject to their approval*
prior to issuance of building permits.
20) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
21) The grading for this project is defined as "regular grading"
by Section 11.06.170(a) of the Carlsbad Municipal Code.
The developer shall submit a grading plan for approval
which shall include all required drainage structures and
any required erosion control measures. The developer shall
also submit soils, geologic or compaction reports if required
and shall comply with all provisions of Chapter 11.06 of the
Carlsbad Municipal Code.
22) Additional drainage easements and drainage structures shall
be provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City
Engineer.
23) The drainage system shall be maintained by the homeowner's
association in perpetuity. This responsibility shall be
clearly stated in the CC&R's.
24) The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
Fire Department
25) The proposed security gate systems shall be subject to
approval of both Police and Fire Departments prior to
approval of the Final Map.
26) All fire alarm systems, fire hydrants, automatic sprinklers,
and other systems pertinent to the project shall be submitted
to the Fire Department for approval prior to construction.
27) The subterranean parking garage shall be sprinklered to the
satisfaction of the Fire Department.
28) Building No. 2 shall be sprinklered to the satisfaction of
the Fire Department.
PC RESO #1789 -5-
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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 25th day of March, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Leeds, Jose, Friestedt,
Larson, Rombotis and L'Heureux.
NOES: None.
ABSENT: None.
ABSTAIN: None.
//\-^LA^Ct^^£-^
MARY MARftJS, Chairman
CARLSBAT)/PLANNING COMMISSION
ATTEST:
S C. HAGAMAlsr, Se'c'retary
RLSBAD PANNING/COMMISSION7
PC RESO #1789 -6-
7
STAFF REPORT
DATE: March 25, 1981-
TO: ^ Planning Commission
FROM: Planning Department
SUBJECT: CT 81-4/CP-150 - PACIFIC SHORES - Request for a
14 unit tentative map and condominium permit
on property located on the west side of Jefferson
Street overlooking Buena Vista Lagoon.
«
I. PROJECT DESCRIPTION
•.
The applicant proposes to construct 14 units on a steeply
sloping, .82 acre lot overlooking Buena Vista Lagoon. The
project will result in a net density of approximately 17
dwelling units per acre which is towards the high end of
the general plan designation of 10-20 du/acre for this
site. The subject property was previously occupied by a
single family home and the lower slopes have been terraced
for agricultural purposes. Construction of this project
will require approximately 2,500 cubic yards of grading.
Condominiums have been constructed on the property to the
north while the properties to the east and south are
occupied by single family residences and Buena Vista Lagoon
is located to the west.
II. ANALYSIS
1) Does the project conform with the development
standards of the condominium ordinance?
2) Does the project conform with the design criteria
of the condominium ordinance?
3) Has the project been designed and conditioned to
mitigate the impacts on the environment?
Development Standards
Parking will be located underneath building #1 in two
separate areas, one of which will be underground, while
the other will be at street level. The parking area at
street level will be screened from view by a combination
of a low wall and heavy landscaping. Due to the amount of
traffic on Jefferson Street, the applicant has agreed to
provide all of the required guest parking spaces on-site.
The applicant proposes to provide a storage room underneath
building #2 which will provide over 480 cubic feet of
/**••
storage per unit. • As proposed this project will have more
than the 200 square feet of recreation area per unit required
by the condominium ordinance.
Each of the units will have a private deck overlooking the
lagoon and the four lowermost units in building 3 and 4 will
also be provided with large ground level patios. A recreation
area with a Jacuzzi, sauna, and barbeque room will be provided
adjacent to the southerly side of building #2. As shown on
Exhibit "A" , the applicant also proposes to construct two
quiet areas which will be provided with benches. Trash areas
will be located adjacent to the entrances of each of the
parking areas. The project meets all of the development
standards of the condominium ordinance.
Design Criteria
«.
As designed, staff feels that the proposed condominium project
meets all of the design criteria of the condominium ordinance.
The project has been designed to take advantage of the views
and minimize the amount of grading. The applicants have
designed this project to minimize the amount of area used for
driveway purposes and to have all parking including guest *
parking underground. This will aid in preventing oil and
other undesirable hydro-carbons from being washed into Buena
Vista Lagoon. The recreation area is centrally located and
accessible to all of the units.
The applicant is requesting that the Commission approve the
project at a density of approximately 17 dwelling units
per acre which approaches the maximum density designated for •
this site (10-20 du/acre) . Staff feels that this density
is justified for the following reasons: 1) All of the units
will be constructed to allow the occupants to have a lagoon
and ocean view; 2) the project will have a greater amount of
recreation area than the 200 square feet per unit required
by the condominium ordinance; 3) the project represents an
infill type of project that will 'be constructed on a vacant
lot relatively close to the center of town; 4) the density
of the project is compatible with the zoning and previously
approved condominium project in the same neighborhood.
IV. ENVIRONMENTAL REVIEW
As previously mentioned, the proposed project is located on
a steeply sloping hillside overlooking Buena Vista Lagoon.
Staff had concern as to possible adverse environmental
effects on Buena Vista Lagoon caused by the construction
of this project. However, staff prepared a conditional
negative declaration and the applicant has signed this
document agreeing- to comply with all of the conditions
listed in the conditional negative declaration. Staff thinks
that by complying with all of these conditions the project
will not have any adverse environmental impacts on Buena
Vista Lagoon and, therefore, the Planning Director has issued
a conditional negative declaration on February 27, 1981
V. RECOMMENDATION
/
It is recommended that the Planning Commission APPROVE the
conditional negative declaration issued by the Planning
Director and adopt Resolution No. 1789, recommending
APPROVAL of CT 81-4/CP-150, to the City Council based on,
the findings and subject to the conditions contained therein.
ATTACHMENTS
1) PC Resolution No. 1789
2) Background Data Sheet
3) Location Map
4) Disclosure Form
5) Environmental Documents
6) Exhibits: A-D, and X dated February 6, 1981.
MHrar
3/10/81
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^ - BACKGROUND DATA SHEET
'CASE NQ; CT 81-4/C^f50
APPLICANT: PACIFIC SHORES LAND, INC.
REQUEST AND LOCATION: Tentative tract map and condominium permit to
construct 14 units. W/side of Jefferson near Las Flores Drive
LEGAL DESCRIPTION: Tnat portion of tract No. 3 of Laguna Mesa Tract
according to Map 1719 filed June 20, 1921.
Assessors Parcel Number: 155 - . 14° - 8+9
.Acres.•82 No. of Lots 14 units
GENERAL PLAN AND ZONING
General Plan Land Use Designation
Density Allowed 10-20 du/ac Density Proposed 17 du/ac
Existing Zone R-3 Proposed Zone __. ~ •
Surrounding Zoning and Land Use:
Zoning Land Use
North R-3 Condominiums """
South R-3 . SFD
East R-3 SFD
West °~s . .. . Lagoon
PUBLIC FACILITIES
School District Carlsbad
Water District Carlsbad
Sewer District Carlsbad ^_ EDU'$ N/A
Public Facilities Fee Agreement, dated February 6, 1981 .
(Other: ' )
ENVIRONMENTAL IMPACT ASSESSMENTConditional •
x Negative Declaration, issued 2/27/81 j^g Ncx CT-81-4/CP-150
E.I.R. Certified, dated ;
Other, • . ._
• • "• ' II
CASE
PACIFIC
ANALYSIS OP PROPOSED 1981-82 STATE BUDGET FROM CITY PERSPECTIVE
I. How state Balances its 1981-82 state program budget.
- Overall budget general fund expenditures grow by $40 million or 0.2%
- The proposed budget nevertheless provides traditional:
-- caseload, workload increases
-- price adjustments
— merit salary increases .
— partial statutory cost-of-living increases ..
— new spending for;
prisons, jails
pesticides
toxic materials.
earthquake readiness -
conservation and economic investments
- These new programs result in only a $40 million increase because the state
will realize savings of $1.2 billion at the expense of schools and local
governnent;
— reduced state school aid (slippage) ' '
due to rapid local property tax growth -$ 310 million .
— local property tax shift away from
cities, counties, special districts
to state -$ 420 million
— state assumption of local unsecured roll -$ 500 million
$1,230 million
II. Number of employees; total positions—full-time equivalent:
1977-78 . 1981-82 Increase
State(1) 221,251 226,743 -»• 5,492 or 2.5%
(actual) (actual
anticipated)
(2) Decrease
Cities 203,000 182,800 - 20,200 or
(Sept. 1977) (Oct. 1980) - 10%
(1) State Department of Finance
(2) Employment Development Department
13'
.„
* •' ' VWIf after the information ySSF*t\ave submitted has been reviewed, it is determined
further information is required, you will be so advised.
APPLICANT;
AGENT:
MEMBERS:
Pacific Shore Land, Inc.,and MMA Ventures, a joint venture
Name (individual, partnership, joint venture, corporation, syndication)
. .2166A Avenida de la Playa, La Jolla, CA 92037
Business Address . • -
454-3095 . .
Telephone Number
John M; Maple or Ron Miller
Name
2166A Avenida de la Playa, La Jolla, CA 92037-
Business Address .
454-3095
Telephone Number
Mel Portwbod, President
Name (individual, partner, joint
venture, corporation, syndication)
1488 First Street
Home Address
14J8 First Street,'Imperial Beach, California
Business Address
429-7878 423-8534
Telephone Number
Ron Miller
' John M. Maple
Telephone Number
13636 Durango, Del Mar 92014
720 Val Sereno Dr./ Encinitas
Name
Ron Miller & John M. Maple
2166A Avenida de la Playa, La Jolla 92037
Home Address
Business Address
Ron Miller & John M. Maple
454-3095
Telephone Number
Ron Miller --755-3020
John M. Maple -756-5515
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.
D
R.Y
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92003
TELEPHONE:
(714) 438 5521
.....Op of 'Cartebab'
NEGATIVE DECLARATION '
PROJECT ADDRESS/LOCATION: West side of Jefferson Street overlooking Buena
.Vista Lagoon • -
PROJECT DESCRIPTION: Construction of a 14 tinit condominium project requiring
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approximately 2,500 cubic yards of grading on a hillside overlooking Buena Vista
**
Lagoon. The proposed project has been conditioned to mitigate any potential
adverse environmental impacts.
The City of Carlsbad has conducted an environmental review of the above described
project pursuant 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 Negative Declaration (declaration
that the project will not have a significant impact, on the environment) is hereby
issued for the subject project. Justification for this action is on file in the
Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the
Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments
from the public are invited. Please submit comments in writing to the Planning
Department within ten (10) days of date of publication. ,
1
CASH NO: CT 81-4/CP-150
APPLICANT: _gacific Shores
PUBLISH DATE: March 4^ 1981
C.
Director of
City of CarlsbadXX; v\i
NT) 4
1200 ELM AVENUE
CARLSBAD. CALIFORNIA 92003
TELEPHONE:
1714) 723-1181.
Citp of Cartofato
PUBLIC NOTICE OF PREPARATION
PLEASE TAKE NOTICE:
The Planning Department of the City of Carlsbad intends to prepare a
Negative Declaration,- X Conditional Negative Declaration,
. Environmental Impact Report for the following project:
Project Description: Construction of a 14 unit condamnium project
requiring approximately 2500 cubic yards of grading on a steeply
sloping hillside overlooking Buena Vista Lagoon.
Project address/Location:
.Buena .Vista Lagoon.
side of Jeff erson Street overlooking
Anticipated significant impacts: ' 1. Possible destruction of 'an ' •'
archeological site. 2. Erosion : and runoff into Buena Vista Lagoon.
We need to know your ideas about the effect this project might have on
the environment and your suggestions for ways the project could be re-
vised to reduce or avoid any significant environmental damage. Your
ideas will help us decide what issues to analyze in the environmental
review of this project. .
Your comments on the.environmental impact of the proposed project may
be submitted in writing to the Planning Department, 1200 Elm Avenue,
Carlsbad, CA 92008, no later than March 14^1981
DATED:
CASE NO: CT 81-4/CP-150
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APPLICANT:" PACIFIC SHORES
PUBLISH DATE: February 21, 1981
SIGNC!
Planning Directo
City of Carlsbad
VV