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HomeMy WebLinkAbout1981-08-04; City Council; 6695; Tentative Map/Condominium Permit- Rose GardenAGENDA BILL /N —» INITIAL; BH:ar AGENDA BILL NO: (p (j 76 '' DEPT. HD. DATE: AUGUST 4, 1981 CTY. ATTY. DEPARTMENT: PLANNING CTY. MGR. ( SUBJECT: TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT AMENDMENT; WEST OF ZAMORA WAY, BETWEEN ALICANTE ROAD AND ALMADEN LANE. CASE NO: CT 81-24/CP-6(A) APPLICANT: ROSE GARDEN STATEMENT OF THE MATTER: This item is a request for a tentative tract map and an amendment to a major condominium permit to split a previously approved 23 unit condominium project into two parcels for phasing purposes, located as described above. The Planning Commission found that the request would meet all of the required findings of the Subdivision Ordinance and the Condominium Ordinance. Also, the Commission found that all requirements of the previously approved condominium permit would be met if this project is approved. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. ENVIRONMENTAL REVIEW The Planning Director has determined that this project underwent prior environmental review as part of a previous approval and, therefore, has issued a Notice of Prior Compliance on June 8, 1981. A copy of the environmental documents is on file in the Planning Department. PUBLIC FACILITIES This project, as conditioned, will provide all necessary public improvements. Also, the developer has agreed to pay a public facilities fee to offset the cost of providing all necessary public services. 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 81-24/CP-6(A), per Planning Commission Resolution No. 1829. ATTACHMENTS 1) PC Resolution No. 1829 2) Staff Report dated July 8, 1981 - with attachments APPROVED. 1 PLANNING COMMISSION RESOLUTION NO. 1829 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 5 APPROVAL OF A REQUEST FOR A TENTATIVE TRACT MAP AND AMENDMENT TO A MAJOR CONDOMINIUM PER- 4 MIT ON PROPERTY GENERALLY LOCATED IMMEDIATELY WEST OF ZAMORA WAY BETWEEN ALICANTE ROAD AND 5 ALMADEN LANE APPLICANT: ROSE GARDEN PARTNERSHIP 6 CASE NO; CT 81-24/CP-6(A) 7 WHEREAS, a verified application for certain property, to 8 wit: 9 Lot 3 of La Costa village according to map 6621 filed April 14, 1970. 10 has been filed with the City of Carlsbad, and referred to the 11 Planning Commission; and 12 WHEREAS, said verified application constitutes a request as 13 provided by Title 21 of the Carlsbad Municipal Code; and 14 WHEREAS, the Planning Commission did, on the 8th day of July, 15 1981, hold a duly noticed public hearing as prescribed by law, to 16 consider said request; and 17 WHEREAS, at said public hearing, upon hearing and considering 18 all testimony and arguments, if any, of all persons desiring to 19 I be heard, said Commission considered all factors relating to the 20 Tentative Tract Map and Condominium Permit; and 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis- 22 sion as follows: 23 (A) That the foregoing recitations are true and correct. 24 (B) That based on the evidence presented at the public hearing, 25 the Commission APPROVAL CT-81-24/CP-6(A), based following findings and subject to the following conditions: 26 27 28 1 Findings 2 1) That the proposed project is consistent with the city's Gen- eral Plan since it is within the density range allowable 3 under the current General Plan Land Use designation. 4 2) That the proposed project is consistent with all city public facility policies and ordinances since: 5 a) Leucadia County Water District has allotted 23 sewer 6 EDU's for the project. 7 b) School fees to mitigate conditions of overcrowding are being paid and will continue to be paid as building per- 8 mits are issued pursuant to Chapter 21.55 of the Carls- bad Municipal Code. 9 c) Water service will be provided by the Costa Real Munici- 10 pal Water District. 11 d) All other public facilities have been paid or will be required as conditions of approval for CP-6. 12 3) That the original project will not cause any substantial 13 environmental impacts and a Negative Declaration was issued on May 12, 1979 and a Notice of Prior Environmental Compli- 14 ance was issued on the proposed project on June 8, 1981. 15 4) That the proposed project meets the design criteria and development standards of the Condominium Ordinance and as 16 approved by the City Council in accordance with CP-6. 17 Conditions; 18 1) Approval is granted for CT 81-24/CP-6(A), as shown on Exhibit A, dated June 4, 1981, incorporated by reference and on file 19 in the Planning Department. Development shall occur sub- stantially as shown unless otherwise noted in these condi- 20 tions. 21 2) All conditions of CP-6 (City Council Resolution No. 5873) are incorporated herein by reference and shall be complied within 22 their entirety unless otherwise noted herein. 23 3) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable 24 city ordinances in effect at time of building permit issu- ance. 25 26 //// 27 //// 28 //// PC RESO #1829 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 £2 23 24 25 27 28 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 pay- ment of said fee a copy of that agreement dated February 19, 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. 5) The developer shall install a wheelchair ramp at both public street corners abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings. 6) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 8th day of July, 1981, by the following vote, to wit: AYES: NOES: Vice-chairman Friestedt, Commissioners Rombotis, Farrow, Schlehuber, Jose and L'Heureux. None. ABSENT: Chairman Marcus. ABSTAIN: None. J9NATHA ARLSBAD PLANN ce-Chairman SSION ATTEST: JA^TES C. HAG&MAEK, Secretary RLSBAD PLANNlNG/CjOMMISSION PC RESO #1829 -3- STAFF REPORT DATE: July 8, 1981 • TO:' Planning Commission FROM: Planning Department SUBJECT: CT.81-24/CP-6(A) - ROSE GARDEN PARTNERSHIP - Request for a tentative tract map and amendment to a major condominium permit to split a 23-unit condominium project into two parcels for phasing purposes on a 2.85-acre condominium lot immediately west of Zamora Way between Alicante Road and Almaden Lane in the RDM Zone. I. PROJECT DESCRIPTION The subject property is a 2.85-acre site upon which 23 condominium units have been approved of which 14 are presently under construc- tion. These units were approved by the City Council on June 27, 1979 in connection with CP-6. Previous to this, the site was ap- proved as a condominium lot by the County Board of Supervisors in 1970, prior to the annexation of La Costa, hence, no additional tentative map was necesary for the airspace subdivision. For financing reasons, the applicant would like to build the pro- ject in two phases. To accomplish this, the applicant proposes to subdivide the lot into two new lots which correspond with the two proposed phases. The Planning Commission must find Phase I to meet the requirements of the Condominium Ordinance, and to be in confor- mance with plans previously approved by the Planning Commission and City Council. As shown on Exhibit "A", the proposed lot line will be aligned ap- proximately through the middle of the development, apportioning 13 units on Lot 1 (Phase 1) and 10 units on lot 2, (Phase 2). The com- mon recreation area is located within lot 1 as well as private two- way access and sufficient visitor parking. The density of the total project waa approved at 8.07 du/ac, well below that allowed in the medium-high density general plan designation. Phase 1 of the proposed subdivision would have a density of-approximately 9.2 dwell iiicfs Per acre which is also within the allowable density S II. ANALYSIS Planning Issues 1. Will the proposed subdivision and revised project continue to conform to the requirements 6f the Condominium Ordi-. nance? III.DISCUSSION The development standards and design criteria of the project will be unaffected by the proposed subdivision. Staff's major concern was whether lot 1 could stand on its own as an approved condominium project if a lengthy period of time occurs between the development of Phase 1 and 2. Staff's finding is that lot 1 could meet all the requirements of the Condominium Ordinance as virtually all of the common amenities for the project are located on this lot. Storage space, laundry facilities, recreation areas, parking facilities, refuse areas, and other requirements will continue to be met as in accordance with CP-6. Additionally, the revised project will have no change in effect on public facility, service district, or school requirements from that originally required and approved. Its effect upon the environment will also be unchanged from that which was issued a Negative Declaration on May 2,. 1979. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have a significant impact upon the environment and therefore has issued a Negative Declaration on May 12, 1979, and a Notice of Prior Environmental Compliance on'June 8, 1981. A copy of the pre- vious environmental documents is on file in the Planning Depart- ment. V. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 1829, recommending APPROVAL of CT 81-24/CPr6(A), to the .City Council based on the findings and subject to the conditions con- tained thereinc 'ATTACHMENTS 1. Planning Commission Resolution No. 1829 2. City Council Resolution No. 5873, dated June 12, 1979 (CP-6) 3. Location Map 4. Background Data Sheet 5. Disclosure Form 6. Notice-of Prior Environmental Compliance 7.. Exhibit "A", dated June 23, 1981 PJK:ls 6/30/81 -2- r*r i i 2 3 4 5 6 7 8 9 10 11 12Q § 1 13 oe < 8 : d"tj| 14D o ?• jr! i|5§ 15 ; O ^ — I ! S|§d 15 t'J S ^ <go'S*S 1 17 i °. 13 19 *u ' 21 22 23 24 25 26 2.7 28 ' . <C 6 RESOLUTION NO. 5873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING ' • CONDOMINIUM PERMIT (CP-6) FOR A TWENTY- THREE DETACHED DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED WEST OF ZAMORA WAY, BETWEEN ALICANTE ROAD AND ALMADEN LANE. APPLICANT: KORT O'GRADY. WHEREAS, on June 27, 1979 the Carlsbad City Planning ' Commission adopted Resolution No. 1527 recommsnding to the City Council that Condominium Permit (CP-6) be conditionally approved; and WHEREAS, The City Council of the City of Carlsbad, on July 3, 1979, held a public hearing to consider the reccnunendations of the Planning Commission and to receive all recommendations and hear all persons interested .in or opposed to, Condominiumi •i j Permit (CP-6); and . WHEREAS, said Condominium Permit has been declared to have a nonsignificant impact on the environment and a Negative Declaration has been prepared and filed in. compliance with . . : • • j the requirements of the City of Carlsbad Environmental ] i• ' i Protection Ordinance of 1972; ! ! j NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: j i j A. That the above recitations are true and correct. ' i u. That the findings of the Planning Conuriission constitute i the findings of the City Council except for findings 3 (b) and 3(e) , which are disapproved and replaced by the following: j Based or. a latter frorrv the responsible sewer agency, tha City Council accept? the agency's representations that ! sewer service is available for this project and BO finds. Since i • : 7- 3 Q <C3 (/>_l .<?<1 O O u.Q O 1CMO U, < 10 11 12 13 c the conditions of approval provide that the final condominium plan cannot be approved unless sewer service is available and building can not occur within the project unless sewer service is available and sewer connection permits are issued/ ths City Council is satisfied that the requirements of the Public Facilities Element of the General Plan have been met as they . apply to this condominium permit approval. At this time the City Council is not prepared to find that /_ . all other public facilities necessary to serve this project .. * " •. . will be available concurrent with need. Tha City Council has, by inclusion of an appropriate condition to this condominium permit, required that the project contribute to the costs of such facilities. Since the development will pay its proportionate ss r: <caw O 14j share of the public facilities which it will require, the City i •"' 15 Council is sat.isfied that the requirements of the Public Facilitiesi • ! . ' ••'••'..-"• 16 i Element of the General Plan have been satisfied.i . . . 17 C. That said Condominium Permit, together with the 18!'provisions for its design and improvement, and subject to the 19 : conditions of this resolution, is consistent with all applicable £0 ! general and specific plans of the City of Carlsbad. 21 D. That Condominium Permit (CP-6) is hereby approved 23 i subject to all applicable requirements of the Carlsbad Municipal ii . • • 23 j! Code and co the satisfaction of ths following conditions: 24 ! 1) Approval is granted for the portion of land described in the 26 27 28 application, C?-6, and all attachments thereto; and develop- ment shall bs performed substantially as shown on CP-6, Exhibi A, dated 5/5/75, Exhibit B, dated 5/31/79, and Exhibits C, D, and E datad 4/34/79, on file in the Planning'Department office, except for modifications required herein. 2) The applicant shall comply with all rules and regulations; of the Carlsbad Municipal Water District regarding water service ' '" "2" " -. '-'.-. - f 1 2 3 4 5 6 7 8 9 10 11 12 § 13 s < 5 ° 2 £o £ > P tu O Q 0-0 j. 17tr j. r o 18 19 20 21 ij 3) 4) 5) 6) .7) 23 24 25 26 27 28 8) 9) 10) c o Should extensions to the exist-to the condominium project, ing public water system be deemed appropriate by the Carlsbad Municipal Water District, the developer will be required to provide the complete system. ... In addition, the applicant shall submit to the City Engineer a letter from the Carlsbad Municipal Water District which approves in concept the proposed v/ater sjstem prior to final condominium plan approval. The applicant shall prepare a reproducible copy of the final condominium site plan incorporating all requirements of the condominium permit approval/ and shall be subject to the approval of the Planning Director. • The applicant will provide school fees tc mitigate conditions of overcrowding as part of building penai-t applications* These fees shall be based on the fee - schedule in effect at the time of building permit. This condominium permit is approved upon, rhe express condition that the final condominium plan shall no- be approved by the Planning Director unless the City Engineer finds as of the time of such approval that sewer service is available to serve the subdivision. This condominium permit is approved upon the express condition that building or grading permits will not be issued for develop ment of the subject property unless the City Engineer deter- mines that such sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy and that sewer connection permits have been issued by the- responsible sewer agency. .If the City Engineer determines that sewer facilities are not available/ or connection permits are not issued/ building permits will not be issued. The applicant shall submit to the City Engineer a letter from the Leucadia County Water District which approves in concept the proposed sewer system layout prior to final condominium plan approval. . ' A looped water system and fire hydrants shall be provided by the applicant subject to the approval of the Fire Marshal. In order to provide for fire protection during the construc- tion period, the applicant shall maintain passable vehicular access to all buildings, and adequare fire hydrants with, required firs flows shall be installed as recommended by the Fire Deparu.T.ent. • • All privaza driveways shall be- kept clear of parked vehicles at all times, and-shall have posted "No Parking/Fire Access Lane." . . ** o en i 1- C. . C\jc < o S"o 9 | i b 1 ° S ^ 3 Q U§"£2 O c/>>t • •«! > wto • • 2 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 IS 19 20 21 22 oy. 24 *25 26 27 28 i 11) ii i I 12)i 13) ii J14) i i i 15) 1j 1 16) 17) 18) 19) 20) 21) /// The proposed landscape plan shall be modified as follows: at least 50% of the Eucalyptus Cladocalyx trees shall be installed 15 .gallon size or greater; the Hedera Kelix ground- cover shall be replaced with a more drought tolerant plant species. Street trees of a variety approved by the Parks and Recrea- tion Department shall be installed to City specifications at 40 foot intervals along all public street frontages. All condominium units .shall be equipped with automatic garage door openers and trash compactors. Prior to occupancy of any units, the applicant shall establish covenants, conditions and restrictions for the condominium development which prohibits the erection or construction of any fence or barrier within the developrr.e.-1 between, and/or around the individual dwelling units, e:;capt that a'fence may be allowed which encloses only the patio area adjacent to each | unit.. Said CC and Rs shall bs subject -c the review and approv! of the Planning Director. ' j iPrior to occupancy of any units, the applicant shall establish j a homeowners' agreement which stipulates that refuse will be j collected from each unit and transported to the refuse area i on at least a weekly basis by maintenance workers of the | development. • ' i The developer shall install a 5' sidewalk, contiguous with the j .existing curb along the Alicante Road and Zamora Way frontage ] to the satisfaction of the City Engineer prior to the occupancy! of any units. ' The developer shall install standard city street lights along all public street frontages to the satisfaction of the City • Engineer prior to occupancy of any units. } The developer must receive the approval of the City Engineer I for the improvement plans, enter into the appropriate improve— j raent agreement, post the required security for the construe tier* of public improvements and pay the appurtenant fees prior to j the issuance of building permits. j The developer shall receive the approval of the City Engineer for a site grading plan prior to any'construction being per- formed within the project site. The developer must obtain the -necessary docuir.en.ts for the abandonment of the on-site drainage easement just off Zarr.ora v.'a'y from tha County of San Diego prior to issuance of building permits. Ths elecrricl driveway gates shall be set back 15' from the proper-y line. -4-COPY 3.. !J22) The electrical driveway, gates' opening mechanism shall be approved by the Fire Marshal prior to installation. i 2 !23) Prior to issuance of building permits, the developer shall pay a public facilities fee as it may be adopted Q C3w J0._i g C < S) d u. a ^ O O 2 § f-\ ^~ ^t O E.£ < - "•' ' -1 o g | S o ?• 6 to— t- -" t- K f~ 0 4 5 6 V 8 9 10 11. 12 13 14 15 16 1 7^J^ f by the City council, jerior to approval or tne rinai condominium plan arrangements satisfactory to the City* Manager shall be made guaranteeing such payment. 'PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 'day of t 1979 by the following vote, to wit: AYES: NOES: ABSENT: . ; RONALD C. PACKARD-, Mayor ATTEST: . . - .. -. i ' ~ . ALETHA L. RAUTENKRANZ/ City Clerk j (SEAL)j 13 i 19 ! • 20 21 22 I . . -i . i '' • ' i ' ! 25 ' 1 • •'.••• .-••-•• 24 125 26 27 28 1 ' ' - • * i .i LOCATION CAMELOT CONDOS BACKGROUND DATA SI3EET CASE NO: CT 81-24/CP-6 (A) APPLICANT: ROSE GARDEN PARTNERSHIP . . REQUEST AND LOCATION: LOT SPLIT INTO TWD PARCELS WEST CORNER OF ALICANTE ROAD, ZA1VPRA WAY AND ALMADEN LANE , '_ LEGAL DESCRIPTION: LOT 3 OF LA COSTA VILLAGE ACCORDING TO MAP 6621 FILED APRIL 14, 1970 Assessors Parcel Number: 215 - 231 ~ 52 Acres 2185 No. of Lots _1 GENERAL PLAN AND ZONING General Plan Land Use Designation RMH Density Allowed 10-20 Density Proposed 8.07 Existing Zone RDM _ _ Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use North RD-M Haiti-family South RD-M ' . Mai ti- family East RD-M Vacant West RD~M Multi-family PUBLIC FACILITIES School District SAN MARCOS ' ' Water District LEUCADIA Sewer District COSTA REAL .EDU's 23 Public Facilities Fee Agreement, dated February 19, 1981 (Other: . ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued. MAY 12,. 1979 E.I.R. Certified, dated Other, NOTICE OF PRIOR .EW7IRONMRNTAT. rnMPT.TATstnRf DATRO .TTINF! Rf 1QR1 • -If after the inforinat?<Wh you have submitted has been viewed, it is determined that further information is required, you will be s APPLICANT: AGENT: MEMBERS: Rose Garden Partnership Name (individual, partnership, joint venture, corporation, syndication) 7690 El Camino Real, Carlsbad, CA 92008 • Business Address • 438-5111 . Telephone Number Bruce H. Wyman Name 9373 Hazard May, Suite 204, San Diego. CA 92123 Business Address 560-0944 • . .; Telephone Number LDC. Inc. Name -(individual, partner, joint - venture, corporation, syndication) _..?.3_5X Allcante. Carlsbad, CA 92008 Home Address Business Address 438-5111 Telephone Number UTA, Inc. Telephone Number Name 7351 Alicante, Carlsbad, CA 92008 Home Address Business Address 438-5111 Telephone Number.Telephone Number LDC. Inc. - Burt Lewen UTA, Inc. - Herb Goffstein Dr. Joseph Dupont P. Anthony Daston Tom Cavanagh Jack Nakash (Attach more sheets if necessary) I/VIo 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. 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008 433-5591 Citp of Carlstofr PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: CT 79-6(A)/CP-6(A) Project Location: Immediately west of Zamora Way between Alicante Road and Almaden Lane. Project Description: Tentative tract map to split 23 unit condominium lot into two parcels for phasing purposes. Justification for this determination is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of publication. Dated: June 8, 1981 Case No: CT-79-6(A)/CP-6(A) Applicant: Rose Garden Partnership Publish Date: June 13, 1981 •JAMES C. HAGAMAN Planning Director PC 1 PC 1 •*>