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,
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wit:
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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;
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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
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PC RESO #1833 -2-
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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.
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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.
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PC RESO #1833 -3-
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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.
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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
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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 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
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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