Loading...
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 f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ° •"• 16 18 21 22 23 24 25 26 27 28 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- ~> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. — 3— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 7 Municipal Code. 10 11 12 13 16 17 18 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. s 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. 15 14 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. 19 ABSENT- Commissioner L'Heureux. 20 ABSTAIN: None. 22 MARY MAR00S, Chairman CARLSBAD/ P L ANN ING ,COMM IS S ION ATTEST:24 25 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 7 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 —2— 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 70 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~