HomeMy WebLinkAbout1981-08-04; City Council; 6695; Tentative Map/Condominium Permit- Rose GardenAGENDA BILL
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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.
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has been filed with the City of Carlsbad, and referred to the
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Planning Commission; and
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WHEREAS, said verified application constitutes a request as
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provided by Title 21 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 8th day of July,
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1981, hold a duly noticed public hearing as prescribed by law, to
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consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering
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all testimony and arguments, if any, of all persons desiring to
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be heard, said Commission considered all factors relating to the
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Tentative Tract Map and Condominium Permit; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis-
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sion as follows:
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(A) That the foregoing recitations are true and correct.
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(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:
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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:
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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.
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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.
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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.
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PC RESO #1829 -2-
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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
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' . <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 . . :
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the requirements of the City of Carlsbad Environmental ]
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Protection Ordinance of 1972; !
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j NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows: j
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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
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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
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all other public facilities necessary to serve this project
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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
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14j share of the public facilities which it will require, the City
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15 Council is sat.isfied that the requirements of the Public Facilitiesi •
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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
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23 j! Code and co the satisfaction of ths following conditions:
24 ! 1) Approval is granted for the portion of land described in the
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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
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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." . .
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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.
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2 !23) Prior to issuance of building permits, the developer
shall pay a public facilities fee as it may be adopted
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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 ' ~
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ALETHA L. RAUTENKRANZ/ City Clerk
j (SEAL)j
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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
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