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HomeMy WebLinkAbout1981-08-18; City Council; 6709; 15 Unit Tentative Map & Condominium PermitAGENDA BILL INITIAL: BHrary iqiTifUj: AGENDA BILL NO: 6?/& ? DEPT. HD. DATE: AUGUST 18, 1981 CTY. ATTY DEPARTMENT: PLANNING CTY. MGR. . \) fjj . SUBJECT: ID UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT; NORTH SIDE OF GIBRALTAR AVENUE BETWEEN JEREZ COURT AND ROMERIA STREET, LA COSTA. CASE NO: CT 81-17/CP-163 APPLICANT: LA COSTA VILLAS STATEMENT OF THE MATTER; This item is a request for approval of a 15 unit tentative tract map and condominium permit located as described above. The subject site is .72 acres in size and the overall density of the project is 20.8 dwelling units per acre which is at the low end of the density range of 20-30 dwelling units per acre designated for this site. The Planning Commission found that this project meets all of the requirements of the Subdivision Ordinance and the Condominium Ordinance. Also, the Commission found that the project meets all requirements of the underlying RD-M zone. 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 will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated May 29, 1981, which was approved by the Planning Commission on July 22, 1981. A copy of the environmental documents is on file in the Planning Department. FISCAL IMPACTS 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 other 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 81-17/CP-163, per Planning Commission Resolution No. 1833. ATTACHMENTS T.PC Resolution No. 1833 2. Staff Report dated, July 22, 1981 w/attachments APPROVED 1 PLANNING COMMISSION RESOLUTION NO. 1833 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 3 TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 15 UNITS ON PROPERTY GENERALLY LOCATED ON THE 4 NORTH SIDE OF GIBRALTAR AVENUE BETWEEN JEREZ COURT AND ROMERIA STREET. 5 APPLICANT: LA COSTA VILLAS CASE NO; CT 81-17/CP-163 . 6 WHEREAS, a verified application for certain property to, 7 wit: 8 Lots 376 and 377 of La Costa South Unit 5 according to Map 9 6600 filed March 10, 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 22th day of 15 July, 1981, hold a duly noticed public hearing as prescribed by 16 law to consider said request; and 17 WHEREAS, at said public hearing, upon hearing and 18 considering all testimony and arguments, if any, of all persons 19 desiring to be heard, said Commission considered all factors 20 relating to the Tentative Tract Map and Condominium Permit. 21 NOW,. THEREFORE, BE IT HEREBY RESOLVED by the Planning 22 Commission as follows: 23 A) That the above recitations are true and correct. 24 3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 81-17/CP-163, based 25 on the following findings and subject to the following conditions: 26 Findings; 27 1) The project is consistent with the city's General Plan since 23 the proposed density of 20.8 du's/acre is within the density range of 20-30 du's/acre specified for the site as indicated on the Land Use Element of the General Plan. 1 2) The site is physically suitable for the type and density of the development since the site is adequate in size and shape 2 to accommodate residential development at the density pro- posed. 3 3) The project is consistent with all city public facility pol- 4 icies and ordinances since: 5 a) The Leucadia County Water District has allocated sufficient sewer connections for the project. 6 b) The Planning Commission has, by inclusion of an 7 appropriate condition to this condominium permit insured that building permits will not be issued unless the City 8 Council finds that sewer service is available to serve the project, and building cannot occur within the project 9 unless sewer service remains available thus, the Planning Commission is satisfied that the requirements of the 10 public facilities element of the General Plan have been met insofar as they apply to sewer service for this 11 project. c) School fees to mitigate conditions overcrowding are required 12 at the time of building permits pursuant to Chapter 21.55 of the City Municipal Code. 13 d) Park-in-lieu fees are required as a condition of 14 approval. 15 e) All necessary public improvements have been provided or will be required as conditions of approval. 16 f) The applicant has agreed and is -required by the inclusion 17 of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee 18 will enable this body to find that public facilities will be available concurrent with need as required by the 19 General Plan. 20 4) The project will not cause any significant environmental impacts and a Negative Declaration has been issued by the 21 Planning Director on May 29, 1981, and approved by the Planning Commission on July 22, 1981. 22 5) The proposed condominium project complys with the provisions 23 of Chapter 21.47 (Condominiums) since: 24 a) The condominiums meet the design criteria of Chapter 21.47.110 as the overall plan is comprehensive, embracing 25 land, building, landscaping and their relationships, and sufficient circulation and on-site amenities are 26 //// 27 //// 28 //// PC RESO #1833 -2- •••J 1 b) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate utilities and 2 all other requirements of Section 21.47.130 have been met or will be met by conditions of approval.3 6) The design of the subdivision and type of improvements will not conflict with easements for public use or public access through the subject property. 5 Conditions : 6 General- - 1) Approval is granted for CT 81-17/CP-163, as shown on Exhibit(s) "A", "E" and "F", dated May 7, 1981, and Exhibits "B", "C" and "D", dated July 1, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 11 12 20 25 26 27 28 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.13 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. I''' 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 7, 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 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.24 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 #1833 -3- •J 8 9 10 11 12 13 14 15 16. 17 18 19 20 21 22 23 24 25 26 27 28 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. Planning 8) The applicant shall prepare a reproducible mylar of the final 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 Department prior to final map approval. 10) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 11) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 12) 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. 13) Trash receptacle 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. 14) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacer satisfaction of the Plannir Director. Engineering; 15) Approval of this tentative months from the date of Cit map is recorded. An extens applicant. Said extension discretion of the City Cour the City Council may impose existing conditions. t properties and streets to the g Department and Building tract map shall expire eighteen y Council approval unless a final ion may be requested by the shall be approved or denied at the .cil. In approving an extension, new conditions and may revise 16) Prior to the issuance of a grading permit, the haul route shall be submitted for review and shall be approved by the City Engineer. A separate and approved and a separate grading permit issued for the borrow or disposal site if PC RESO #1833 grading plan shall be submitted located within the city limits. -4-r 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17) The developer shall install 40-foot intervals along al conformance with City of C be of a variety selected fi 18) The developer shall comply design requirements of the regarding services to the j 19) Pursuant to the provisions Carlsbad Municipal Code, a a final map. Whenever ref to a final map, the map filed in lieu thereof. Fire: referer.ce 20) Parking garage shall be prc sprinkler system to the sat 21) Additional public and on-s 22) Proposed security gate sys street trees at the equivalent of public street frontages in rlsbad Standards. The trees shall om the approved Street Tree List. with all the rules, regulations and respective sewer and water agencies reject. of Section 20.20.050(1) of the parcel map may be filed in lieu of rence is made in these conditions shall apply also to a parcel tected by an automatic fire isfaction of the Fire Marshall. te hydrants may be required, ems shall be subject to approval of both Police and Fire Departments prior to approval of the final map. 23) Fire retardant roof shall b Building and Fire Departmen 24) All fire alarm systems, fir automatic sprinklers, and o project shall be submitted approval prior to construction. Parks and Recreation: 25) The developer shall protect any tree damaged or removed comparable size. e required on all structures by e hydrants, extinguishing systems, ther systems pertinent to the to the Fire Department for all existing trees and replace with the same species of PC RESO #1833 i- 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 22nd day of July, 1981, by the following vote, to wit: AYES: Marcus, Rombotis, Farrow, Schlehuber, Jose, and L'Heureux NOES: None ABSENT: Friestedt ABSTAIN: None ATTEST: US, Chairman PLANNING COMMISSION ^Ny Severetary /YARLSBAD PLANNING COMMISSION PC RESO #1833 -6- STAFF REPORT DATE: July 22, 1981 TO: Planning Commission FROM: Planning Department SUBJECT: CT 81-17/CP-163, LA COSTA VILLAS - Request for approval of a Tentative Subdivision Map and Condominium Permit to develop 15 units on the north side of Gibraltar Avenue between Jerez Court and Romeria Street in the RD-M Zone. I.PROJECT DESCRIPTION The applicant is requesting approval of a Tentative Subdivision Map and Condominium Permit to develop 15 two-story, two bedroom units on .72 acres, located, as described above. The subject property is comprised of two previously graded lots fronting on Gibraltar Avenue and sloping slightly downward to the golf course at the rear. II. ANALYSIS Pianning Is sues 1) Does the project meet all development standards of the Condominium Ordinance? 2) Does the project satisfy all aspects of the design criteria of the Condominium Ordinance? III. DISCUSSION The project meets all basic development standards of the Condominium Ordinance. Resident parking, trash enclosures and approximately 700 cubic feet of storage per unit would be provided in the underground garage. Five visitor parking spaces would also be provided in the garage; the remaining two spaces would be on-street. As shown on Exhibit C, the underground garage would have two points of egress. Ingress would be gained solely from the eastern driveway. Security gates would be utilized to allow egress only from the western driveway. hs shown on Exhibit "D", laundry facilities are proposed in each unit. Open recreation requirements would be satisfied by a combination of private and common areas. Also as shown on Exhibit "D"f each unit would be provided with two private patios. The balance of the recreation requirements would be satisfied by a centrally located common spa/pool area. The proposed development satisfies all aspects of the design criteria of the condominium ordinance. The project appears well- designed, integrating buildings, landscaping and recreation areas with the natural features of the site. Staff is satisfied that all aspects of the development standards and design criteria of the Condominium Ordinance have been satisfied, as shown on the attached exhibits. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have a significant impact on the environment, and therefore, has issued a Negative Declaration on May 29, 1981. V. RECOMMENDATION It is recommended"that the Planning Commission APPROVE the Negative Declaration issued by the Planning Director and adopt Resolution No. 1833, recommending APPROVAL of CT 81-17/CP-163, based on the findings and subject to the conditions contained therein. • ATTACHMENTS TJPC Resolution No. 1833 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Documents 6) Exhibits "A", "E" and "F" dated May 7, 1981 7) Exhibits "B", "C" and "D", dated July 1, 1981 ' . CDNrar 7/14/81 -2- LOG ATI 75411754 7 CASE NO. CT 61-17/e.P APPLICANT LA COSTA s/i LUX fa BACKGROUND DATA SHEET CASE NQ; CT 81-17/CP-163 APPLICANT: LA COSTA VILLAS LOCATION: Tentative Tract Map & Condominium Permit to construct 15 units north side of Gibraltar between Jerez Court and Romeria Street . LEGAL DESCRIPTION: Lots 376 and 377 of La Costa South Unit No. 5 according to Map 6600 filed March 10, 1970. . Assessors Parcel Number:216 - 29° - 20 & 21 Acres *^2 No. of Lots 2 GENERAL PLAN AND ZONING General Plan Land Use Designation R H Density Allowed 20"30 Density Proposed 20"8 Existing Zone RD~M Proposed Zone N//A Surrounding Zoning and Land Use: Zoning Land Use North p-c Golf Course RD-M Vacant/Multiple East RD-M Multiple West RD-M . Multiple PUBLIC FACILITIES School District San Dieguito and Encinitas Water District Costa Real ' Sewer District Leucadia County EDU's Public Facilities Fee Agreement, dated May 7, 1981 (Other: , . ' ENVTRONMENTAL IMPACT' ASSESSMENT x Negative Declaration, issued May 29, 1981 E.I.R. Certified, dated Other, ^ ' >»*».if'after the informati^you have submitted has been zQjewed, it is determined that further informativ is required, you will be so ac*^ sed. APPLICANT: AGENT: MEMBERS: .a Costa Villas Condominiums Ltd. (Partnership) Name (individual, partnership, joint venture, corporation, syndication) c/o Hector Marsach, 16162 Beach Blvd., Huntington Beach, Ca 92647 Business Address 847-3663 •Telephone Number Hector Marsach Name 16162 Rpach Blvd.. Huntinaton Beach. CA 92647 Business Address 847-3663 Telephone Number ENA Development Corp. Name '(individual, partner, joint venture, corporation, syndication) Post Office Box 834 , Cardiff, CA. 92007 Home Address Business Address 753-0981 Telephone Number Telephone Number Name Home Address Business Address Telephone Number 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. Villas Condominiums ltd. Applicant