HomeMy WebLinkAbout1981-09-01; City Council; 6730; 17 Unit Tentative Map & Condominium PermitAGENDA BILL . -
INITIAL; BH:ar
AGENDA BILL NO: fc 73Q DEPT. HD.
DATE: SEPTEMBER 1, 1981 _____ CTY. ATTY.
DEPARTMENT: PLANNING CTY.
V AQ
SUBJECT: 17 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT; WEST SIDE OF
TYLER STREET BETWEEN CHESTNUT AVENUE AND WALNUT AVENUE.
CASE NO: CT 81-27/CP-171 APPLICANT: SWEATTE
STATEMENT OF THE MATTER:
This item is a request for approval of a 17 unit tentative tract map and
condominium permit located as described above. The project would result in a
density of 16.8 units per acre Which is just above the mid-range of the general
plan density range of 10-20 dwelling units per acre designated for this site.
The Planning Commission found that this project meets all design criteria and
development standards of the Condominium Ordinance. Also, the Planning
Commission felt the proposed density of 16.8 units per acre is justified.
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 July 27, 1981, which was approved by the Planning Commission
on August 12, 1981. A copy of the environmental documents is on file in the
Planning Department.
FISCAL IMPACT
The applicant will provide all required public improvements to the project.
Also, the applicant has agreed to pay a public facilities fee to offset the
costs of providing all other 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 81-27/CP-171, per Planning Commission Resolution No. 1844.
ATTACHMENTS
T.PC Resolution No. 1844
2. Staff Report dated August 12, 1981 w/attachments
APPROVED
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to, wit:
PLANNING COMMISSION RESOLUTION NO. 1844
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO
DEVELOP 17 UNITS ON PROPERTY GENERALLY LOCATED ON THE
WEST SIDE OF TYLER STREET BETWEEN CHESTNUT AVENUE AND
WALNUT AVENUE IN THE RD-M ZONE.
APPLICANT: SWEATTE
CASE NO;- - - -CT:81-27/CP-171
WHEREAS, a verified application for certain property
Lot 10 of industrial tract in Carlsbad, according to
Map 1743 filed January 3, 1923
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 12th day
of August, 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 81-27/CP-171, based
on the following findings and subject to the following
conditions:
APN: 204-070-14
Planning
Findings
1) The project is consistent with the city's General Plan since
the proposed density of 16.8 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 pro-
' posed.
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A
3) The project is consistent with all city public facility pol-
icies and ordinances since:9
a) The Planning Commission has, by inclusion of an appro-
priate condition to this project, 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 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 pro—
ject.
b) The Carlsbad Unified School District will ensure
adequacy of school facilities per letter dated June 15,
1981.
c) The payment of park-in- lieu fees is 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.
4) The proposed project is compatible with the surrounding
future land uses since surrounding properties are designated
for residential development on the General Plan.
5) This project as conditioned will not cause any significant
environmental impacts and a Negative Declaration has been
issued by the Planning Director on July 27, 1981 and
approved by the Planning Commission on August 12, 1981.
PC RESO #1844 -2- ~>
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General Conditions;
1) Approval is granted for CT 81-27/CP-171, as shown on
Exhibit(s) "A"-BM", dated June 23, 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 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.
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.
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 June 18,
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.
6) 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
7) 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.
8) 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.
9) 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.
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10) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
11) 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.
12) 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.
13) All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the
sound buffered from7adjacent properties and streets to the
satisfaction of the Planning Department and Building
Director.
Engineering
Grading
14) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
15) 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.
Public Improvements
16) The developer shall enter into lien contract for the future
improvement of a half street width of Tyler Street along the
subdivision frontage prior to aproval of the final map.
17) The owners of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of the final map.
18) The security gates, as shown on Exhibit "A", shall be
relocated a minimum of 15' south from the front property
line.
Fire Department
19) Additional on-site fire hydrant shall be required.
PC RESO #1844
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Municipal Code.
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20) An all weather access road shall be maintained throughout
construction.
21) Water for fire protection shall be installed before
combustibles are placed on building site, subject to the
approval of the Fire Marshall.
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22) Proposed security gate systems shall be provided with "knox"
key operated override switch, as specified by the Fire
Department.
23) All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No Parking/Fire
Lane/Tow Away Zone" pursuant to Section 17.04.040, Carlsbad
24) Fire retardant roofs are required on all structures.
25) All fire alarm systems, fire hydrants, extinguishing
systems, automatic sprinklers, and other syterns pertinent to
the project shall be submitted to the Fire Department for
approval prior to construction.
26) Building exceeding 10,000 sq.ft. aggregate floor area shall
be sprinklered or four-hour fire walls with no openings
therein shall split the building into 10,000 sq.ft. (or
less) areas.
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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 12th day of August, 1981, by the following vote, to wits
AYES: Chairman Marcus, Commissioners Rombotis, Farrow,
Schlehuber, Jose and Friestedt.
NOES: None.
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ABSENT- Commissioner L'Heureux.
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ABSTAIN: None.
22 MARY MAR00S, Chairman
CARLSBAD/ P L ANN ING ,COMM IS S ION
ATTEST:24
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26 C. HAGAMAItf', ecretary '
/CARLSBAD PLANNIN^KCOMMISSION
I PC RESO #1844 -5-
STAFF REPORT
DATE: August 12, 1981
TO: Planning Commission
FROM: Planning Department
SUBJECT: CT 81-27/CP-171 , SWEATTE - Request for approval of a
Tentative Subdivision Map and Condominium Permit to
develop 17 units on the west side of Tyler Street
between Chestnut Avenue and Walnut Avenue in the RD-M
zone.
I. PROJECTDESCRIPTION
The applicant is requesting•approval of a tentative subdivision
map and condominium permit to develop 17 units on 1.01 acres,
located, as described above. The subject property is a flat,
previously graded rectangular lot fronting on Tyler Street and
rearing on the railroad right-of-way..
The applicant is proposing to develop 11 two-bedroom townhouse
units, 5 two-bedroom flats and 1 three-bedroom flat. The units
would range in size from 960-1260 sq.ft. The project would be
enclosed by a six foot masonry wall and security gates.
The density of the project would be 16.8 units per acre which is
towards the high end of the general plan density range of 10-20
du's/acre.
II. ANALYSIS
Planning Issues
1) Does the project meet all development standards of the
Condominium Ordinance?
2) Does the project meet all aspects of the design
criteria of the Condominium Ordinance?
III. DISCUSSION
The proposed development fulfills the basic development
standards of the Condominium Ordinance . A combination of
private garages and carports would be utilized to satisfy all
resident and guest parking requirements on-site. As shown on
Exhibit "A", each townhouse unit would have a single-car garage
and an additional space in an adjacent carport or open parking
area. Flats 1, 2 and 3 will each have a two-car garage. Flat 4
has been designed to be accessible to the handicapped,
therefore, the first level has been designed as a living unit
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with a second flat above. Flats 4, 5, and 6 would each have a
single space in the garage below flat 6 and an additional space
in an open parking area.
Each unit would have 480 cubic feet of storage space in their
respective garage. All units would be provided with individual
laundry facilities. Two trash enclosures have been designed at
the end of Buildings 1 and 2. Separate utility meters would
also be provided.
Open recreation requirements would be satisfied by a common area
designed to include a recreation building, spa, pool and gazebo.
Additionally, each townhouse unit would have three decks and
flat 6, two decks. The recreation area would be centrally
Ipcated and linked to the units by sidewalks throughout the
project and a brick walkway. A total of 280 square feet of
recreational area per unit would be provided.
The proposed development satisfies all aspects of the design
criteria. The recreation areas, buildings and parking
facilities appeal well-integrated. Pedestrian circulation has
been well-designed and all pertinent amenities would be
provided. It is anticipated that the development would be
compatible with planned surrounding land uses.. Also, the
project's density appears compatible with surrounding and
potential future development, and staff can support the proposed
density of 16.8 units per acre.
Staff is satisfied that all apsects of the development standards
and design criteria of the Condominium Ordinance have been met,
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 July 27, 1981.
V. RECOMMENDATION
It is recommended that the Planning Commission approve the
Negative Declaration issued by the Planning Director and adopt
Resolution No. 1844, recommending APPROVAL of CT 81-27/CP-171,
based on the findings and subject to the conditions contained
therein.
ATTACHMENTS:
T.PC Reso No. 1844
2. Background Data Sheet
3. Location Map
4. Disclosure Form
5. Environmental Documents
6. Exhibits "A" - "M" dated June 23, 1981
CDN:ar
7/28/81
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BAQCGROUND DATA SHEET
N0: CT 81-27./CP-171
APPLICANT: HOWARD SWEATTE
REQUEST 'AND LOCATION: Tentative Tract Map and Condominium Permit to
construct 17 units, 3363 Tyler
. Lot 10 of Industrial Tract in Carlsbad, accordingLEGAL DESCRIPTION:
to map 1743 filed January 3, 1923
Assessors Parcel Number:204 _ 070 _ - 14
Acres 101 No. of Lots 17
GENERAL PLAN AND ZONING
General Plan Land Use Designation • RMH
Density Allowed 10-20 Density Proposed 16.8
Existing Zone . RDM Proposed Zone N/A
Surrounding Zoning arid Land Use:
Zoning Land Use
North RDM . SFRS
South RDM • SFRS
East R-P SFRS/MULTI
TRACKS RR ROT'7
PUBLIC FACILITIES
School District CARLSBAD
Water District CARLSBAD
Sewer District CARLSBAD _ EDU's
Public Facilities Fee Agreement, dated JUNE 18, 1981
(Other: ____^____ _ '
ElWIROIWiHTAL IMPACT ASSESSMEM1
_ x Negative Declaration, issued JULY 27, 1981 Log No. '
. _ E.I.R. Certified, dated __ _
Other,
TO
/Oo'
CHESTNUT AVE
_\YALNUT
J..AVE
m
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CASE
SWFATfE VICINITY MAP
If after the informati|""""Nvou have submitted has been re*"""* wed, it is determined
that further inforraatits^s required, you will be so a«w >ed.
APPLICANT:
AGENT:
HOWARD I. SWEATTE
Name (individual, partnership, joint venture, corporation, syndication)
P.O. BOX 11321, SAN DIEGO, CA. 92111
Business Address
(714) 279-9247 ' '
Telephone Number
Name
Business Address
MEMBERS:
Telephone Number
CLIFFORD C. SWEATTE
Name -(individual, partner, joint
venture, corporatiorFJsyndication)
P.O. BOX 481, CARDIFF. CA. 92007
450 SERPENTINE DRIVE, DEL MAR, CA.
Home Address
Business Address
(714) 755-8115
Telephone Number
JIM WARING (LIMITED PARTNER)
Kama • . •
110 JUNIPER STREET, SAN DIEGO, CA.
Telephone Number
Home Address
Business Address
(714) 235-4040
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.
PARTN
BY
ont, Ownbr, Wr.tner^APPLICANT
L*te2o~