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HomeMy WebLinkAbout1981-11-03; City Council; 6792; 14 Unit CT/CP - Native Sun InvestmentsA ClC OF CARLSBAD - AGEND^ILL AR# ^ 7^*£ MTG. 11/3/81 DEPT. PL CT 81-35/CP-182 - NATIVE SUN INVEST- TITLL.MENTS _ 14 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT; NORTH SIDE OF OCEAN AVENUE BETWEEN THE PACIFIC OCEAN AND AT&SF RAILROAD DEPT HD W -1C if \\ C.ZICITY ATTY\ f~K> CITY MGFtf^^4JO<U ?M OCU 1 1 g a ^-a I <u 4->O IIEjsO C 'I I IB•y o 00 OO O § _j O OO RECOMMENDED ACTION: Both the Planning Staff and Planning Commission recommend that this application be APPROVED and that the City Attorney be directed to pre- pare documents APPROVING CT 81-35/CP-182, per Planning Commission Re- solution No. 1877 with the deletion of condition No. 14. ITEM EXPLANATION This item is a 14 unit tentative tract map and condominium permit lo- cated as described above. This project was formerly before the City Council as part of a zone change on a portion of this property. At that time, the Council expressed concerns over development of the lower portion of the two level site. The basic concerns were express- ed in an Environmental Impact Report which was completed for the pro- ject. The concerns related to beach erosion, traffic and public lands. The applicant subsequently withdrew the application and redesigned it to its present form. The entire development is located on the upper portion of the bluff and the amount of impacts relating to erosion and traffic have been significantly reduced. The Commission modified condition No. 5 which requires the payment of park fees by allowing the City Council to determine the amount of fees to be paid. The applicant is dedicating 2.2 acres of land as a public access easement. This land consists of the lower portion of the site and is essentially the beach area adjoining the project. The appli- cant would like this land to be credited towards the payment of park fees. The Parks and Recreation Director has recommended that no credit be given for the dedication of this land towards the payment of park fees and also has indicated he has no desire for this land to be dedicated to the city. Staff is, therefore, recommending that condi- tion No. 14 be deleted. ENVIRONMENTAL REVIEW The Planning Director has determined that this project has already undergone sufficient environmental review in the form of an Environ- mental Impact Report which has been certified by the City Council and, therefore, has issued a Notice of Prior Environmental Compliance on September 3, 1981 which was approved by the Planning Commission on October 14, 1981. 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. EXHIBITS A. Planning Commission Resolution No. 1877 B. Staff Report, dated 10/14/81, with attachments 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. 1877 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 14 UNITS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF OCEAN AVENUE BETWEEN THE PACIFIC OCEAN AND THE AT&SF RAILROAD. APPLICANT: NATIVE SUN INVESTMENT GROUP CASE-NO:-• CT81-35/CP-182 WHEREAS, a verified application for certain property A portion of Lot A of Granville Park Unit No. 2 in Carlsbad, according to Map 2037 filed June 18, 1927 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 14th day of October, 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 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 81-35/CP-182, based on the following findings and subject to the following conditions: EXHIBIT A Findings: 1) The project is consistent with the city's General Plan since the proposed density of 3.18 du's/acre is less than the density range of 10-20 du's/acre specified for the site as indicated on the Land Use Element of the General Plan. 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. 3) The project is consistent with all city public facility pol- icies and ordinances since: 8 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 10 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 build- ing permits may not be issued for the project unless the 12 City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer 13 service remains available, the Planning Commission is satisfied that the requirements of the public facilities 14 element of the General Plan have been met insofar as they apply to sewer service for this project. 15 b) An existing school agreement between the applicant and 16 the Carlsbad Unified School District will ensure adequacy of school facilities per letter by the school 17 district dated May 19, 1981 18 c) The payment of park-in-lieu fees is required as a condition of approval. 19 d) All necessary public improvements have been provided or 20 21 22 23 25 26 27 28 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. 24 f) Assurances have been given that adequate sewer for the project will be provided by the city of Carlsbad. 4) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. PC RESO #1877 -2- 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 5) An Environmental Impact Report has been prepared and certified by the City Council for this property. As the project, as currently proposed, was addressed in the EIR as a project alternative, the Planning Director issued a Notice of Prior Compliance on September 3, 1981 and was approved by the Planning Commission on October 14, 1981. Conditions; General Conditions; 1) Approval is granted for CT 81-35/CP-182, as shown on Exhibit(s) "A", "B", & "C", dated September 17, 1981 and Exhibit(s) "E" - "J", dated August 31, 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. This note shall be placed on the final map. 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 August 20, 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 as determined by the City Council, 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 Department 7) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained PC RESO #1877 -3- f-l 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 8) 9) 10) | ID 12) 13) 14) 15) 16) 17) '/// PC herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits or grading permits, whichever occurs first. 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. 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. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 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. 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. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Director. The developer has agreed to dedicate an open space easement over 2.2 acres of property, identified as lot 2 on the tentative map. This easement shall be dedicated to the city of Carlsbad, for public purposes, on the final map. The developer shall submit a report prepared by a qualified archaeologist, based on a sample excavation of site SDi- 626, prior to any grading of the property or the issuance of building permits, whichever occurs first. The final location of the pool shall be shown on the final site plan and approved by the Planning Director prior to issuance of grading permits. The Planning Director shall determine the precise location based on the findings in the report required by Condition No. 34 and upon aesthetic considerations. The developer shall pre-plumb the buildings for future installation of solar panels for water heating for each unit, subject to the approval of the Building Director. PC RESO 1877 -4- v ., 18) Approval of this tentative tract map shall expire eighteen months from the date of City Council approval unless a final n map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at - the discretion of the City Council. In approving an extension, the City Council may impose new conditions and 4 may revise existing conditions. 5 Eng ineering Department Q 19) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 7 20) The grading for this project is defined as "controlled Q grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a g civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance 10 of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with 11 Chapter 11.06 of the Carlsbad Municipal Code. 12 21) Additional drainage easements and drainage structures shall be provided or installed as may be required by the City 13 Engineer. 14 22) All public streets shall be improved by the developer based j on the typical sections shown on the tentative map and in 15 conformance with City of Carlsbad Standards prior to occu- pancy of any buildings including the installation of any 15 required street lights. 17 23) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water 13 agencies regarding services to the project. 19 24) All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This 20 responsibility shall be clearly stated in the CC&R's. 21 25) A concrete island shall be constructed on Mountain View Drive at the intersection with Carlsbad Boulevard to 22 restrict left turns prior to the occupancy of any units. The design shall be subject to the approval of the City 23 Engineer and shall include pavement widening on Mountain View Drive between Pacific Avenue and Carlsbad Boulevard 24 where required to provide two travel lanes of 14 feet each. 25 26) Two signs saying "Through Traffic" with a directional arrow shall be installed prior to the occupancy of any units. 26 One sign shall be placed at Ocean Street and Pacific Avenue; the other at Mountain View Drive and Ocean Avenue. 27 The design and location of the signs shall be subject to the approval of the City Engineer. 28 //// PC RESO #1877 -5- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27) Berms, swales or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from over- flowing onto and damaging the face of the slope. Special drainage provisions shall be made where a building or structure exists within five feet of the top of a slope. This condition shall be incorporated in the grading plans. 28) Sandbags, gravelbags and temporary drainage basins shall be installed along all fill slopes and along the shoreline of Buena Vista Lagoon during grading and construction operations to the satisfaction of the City Engineer. 29) Construction of the buildings planned for the site shall be started as soon as possible after grading is completed. 30) All graded slopes and open space areas shall be seeded and landscaped immediately after grading is completed. 31) The developer shall adhere to all mitigation measures, to overcome the limitations of the existing soils, as specified in the soils investigation by Benton Engineering, Inc. and identified in the EIR. These conditions shall be incorporated in the structural building plans. 32) The developer shall provide roof downdrain systems which shall be connected to the drainage system subject to the approval of the City Engineer. 33) Drainage outfall shall be designed to be discharged at a point west of the lagoon weir. The design of the outfall line shall be subject to approval of the City Engineer prior to the issuance of grading permits. 34) Prior to the issuance of a grading permit, the developer shall deposit, in trust with the city, sufficient funds to compensate the city for an engineering report prepared by a registered professional engineer, competent in the field of beach erosion, giving specific, recommendations on the need and type of protective devices required to ensure that the project structures are safe from the anticipated erosion actions of ocean waves. The applicant shall incorporate any recommended protective measures in the final grading plan to the satisfaction of the City Engineer. Fire Department 35) An all weather access road shall be maintained throughout construction. 36) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 37) Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department. PC RESO #1877 -6- 38) All private driveways shall be kept clear of parked vehicles -j_ at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad o ' Municipal Code. 3 39) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 40) 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 7 less) areas, 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the g Planning Commission of the city of Carlsbad, California, held on 10 the 14th day of October, 1981, by the following vote, to wit: 11 AYES: Chairman Marcus, Commissioners Farrow, Schlehuber, Jose, Friestedt and L'Heureux. 12 I NOES: None. 13 ABSENT: Commissioner Rombotis. 14 ABSTAIN: None. 15 MARY MARCUS, Chairman 16 CARLSBAD PLANNING COMMISSION 17 ATTEST: 18 19 JAMES C. HAGAMAN, Secretary 20 CARLSBAD PLANNING COMMISSION 21 22 23 24 25 26 27 28 PC RESO #1877 -7- STAFF REPORT DATE: October 14, 1981 TO: Planning Commission FROM: Planning Department SUBJECT: CT 81-35/CP-182, NATIVE SUN INVESTMENT GROUP - Request for approval of a tentative subdivision map and condominium permit to develop 14 units on the north side of Ocean Avenue between the Pacific Ocean and AT&SF Railroad in the R-3 zone. I. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a tentative subdivision map and condominium permit to develop 14 units on 7.65 acres, located as described above. The subject property is topographically distinguished by two afeas. An upper bluff extends out from Ocean Street, fronting along the beach. The second area, approximately 10-15' below the bluff, terminates at the weir of the Buena Vista Lagoon and extends eastward behind the adjoining apartments. The proposed condominiums would be developed solely on the upper bluff. The 7.65 acre project site is proposed to be subdivided into 3 parcels. Lot 1, 2.2 acres, would be developed with condominiums. Lot 2, 2.2 acres, is comprised mainly of beach area and the mouth of the Buena Vista Lagoon and would be dedicated to the public. The remaining 3.25 acres of Lot 3 would be reserved for possible future development. Development on Lot 1, and including Lot 2, would result in a net project density of 3.18 du/acre. This is below the RMH, Residential Medium High density range (10-20du/ac) established for this property by the Land Use Element of the General Plan. Due to the environmental constraints identified in the Environmental Impact Report for this project, the density of the project is below that allowed by the General Plan. Because of these environmental constraints, staff believes the reduced density is justified. As the Commission may recall, the applicant presented a proposed 40 unit condominium project, on 10.2 acres, to the Planning Commission in March of this year. The project site included an additional 2.65 acres, in the lower area, adjacent to the lagoon, not included in the current application. The condominium project was accompanied by a Draft Environmental Impact Report and a request for a Zone Change from R-3 (on Lots 1 & 2) and R-A (on Lot 3 and the 2.65 acres of additional property) to RD-M. EXHIBIT B After considerable public testimony, the Planning Commission recommended certification of the EIR and denial of the requested Zone Change. The Commission indicated that the lower area, adjacent to the lagoon, was not appropriate for this zoning and expressed its concern regarding possible environmental impacts from the zone change and resulting development. The Planning Commission consequently recommended denial of the tentative map and condominium permit. At the meeting of April 21, after consideration of the Planning Commission recommendation and additional public testimony, the City Council certified the EIR and indicated their intention to grant the appeal of the Planning Commission's denial of the zone change, tentative map and condominium permit. The project was returned to the Planning Commission for appropriate findings. At the Planning Commission meeting of May 13, the applicant withdrew the request for the project. The proposed condominiums would be comprised of 7 duplex units. The 10 two bedroom and 4 three bedroom units would range in size from 2492-2857 sq.ft. Each of the two story units would have a private two-car garage. II. ANALYSIS Planning Issues 1) Does the project satisfy all development standards of the Condominium Ordinance? 2) Does the project satisfy all aspects of the design criteria of the Condominium Ordinance? Discussion The proposed development fulfills the basic development standards of the Condominium Ordinance. All resident parking would be accommodated in private two-car garages. Six required visitor spaces would also be provided on-site. 480 cubic feet of storage space is designed within each garage. Two trash enclosures would be provided and each unit would have individual laundry facilities. Open recreation requirements would be satisfied by a combination of common and private areas. Each unit would have a minimum of two private patios, averaging approximately 250 square feet per unit. An approximately 3,000 sq.ft. pool and bath house area is proposed between buildings C & D. This common area would add approximately 215 sq.ft. of recreation area per unit. -2- Staff has concerns regarding the proposed location of the pool. As designed, the pool area would project approximately twenty- five feet beyond the retaining wall. The damaging affects of wave action are well known, however, the speed with which they may occur cannot be predicted. At this particular location, the pool would be the first structure susceptible to wave attack. Staff believes that a more protected location, between buildings D & E, would greatly reduce the possibility of the need for costly future repairs by the homeowners. Therefore, staff is recommending a condition requiring relocation of the pool. The project also satisfies all aspects of the design criteria of the Condominium Ordinance. The overall plan appears well designed, maximizing private areas and views afforded the site. The pool area would be convenient in either location. The project would provide all pertinent amenities and be compatible with'surrounding land uses. Staff is satisfied that all aspects of the development standards and design criteria have been met, as shown on the attached exhibits. IV. ENVIRONMENTAL REVIEW On April 21, 1981, the City Council certified EIR 80-4 for the proposed development of 40 units on 10.3 acres. The applicant redesigned the project to consist of 14 units on 4.4 of these acres. Development would be confined to the upper bluff. The Planning Director has determined that the previous EIR 80-4, adequately addressed the impacts of the new project. Specifically, alternatives C & D (pgs. 52 & 53) both addressed lowering the density and restricting development to the upper bluff. Therefore, the Planning Director issued a Notice of Prior Environmental Compliance on September 3, 1981. V. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Notice of Prior Compliance issued by the Planning Director and ADOPT Resolution No. 1877, recommending APPROVAL of CT 81-35/ CP-182, based on the findings and subject to the conditions contained therein. ATTACHMENTS 1) PC Resolution No. 1877 2) Location Map 3) Background Data Sheet 4) Environmental Documents 5) Reduced Exhibits 6) Exhibits "A", "B" & "C", dated September 17, 1981 Exhibits "E" - "J", dated August 31, 1981 CDN: ar 10/7/81 CASE IM0. CT 81-35/CP182 A P IP L1C A N T JMLLVJ__SU^LJNV, BACKGROUND DATA SHEET CASE NO; CT. 81-35/CP-182 APPLICANT: Native Sun Investment REQUEST AND LOCATION: Tentative tract Map and Condo Permit to construct 14 units North side of Ocean St between AT/SF Railroad & Pacific Ocean. LEGAL DESCRIPTION: A portion of Lot "A" of Granville Park Unit No. 2 in Carlsbad according to Map 2037 filed June 18, 1927. Assessors Parcel Number: 203 01 - '14 Acres 7.65 jjo. of Lots 3 land lots; 14 airspace lots GENERAL PLAN AND ZONING General Plan Land Use Designation Density Allowed 10-2-0 Density Proposed 1.83 Existing Zone R~3 Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use North RA/0--S . LAGOON South R-3 MULTI/SFRS East R-3 APT/RR ROW • t ' West Ocean OCEAN PUBLIC FACILITIES School District Carlsbad Water District Carlsbad '. ... . Carlsbad . _T,,Sewer District ; EDU's Public Facilities Fee Agreement, dated August 20, 1981 (Other: ; ENVIRONMENTAL IMPACT ASSESSMENT x Negative Declaration, issued 9/3/81 Log No. ' .__ E.I.R. Certified, dated _J ' _ Other, ' • 1200 EUM AVENUE CARLSBAD, CALIFORNIA 92008 438-55911 Citp of CarMmfc PUBLIC NOTICE OF PRIOR EWIROSMESTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below nave 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: Pointe San Malo Project Location: South side of Buena Vista Lagoon, 0.2 miles west of Carlsbad Blvd. on Ocean Street Project Description: Tentative Subdivision Map & Condoninium Permit to Construct 14 units on approximately 4.2 acres. Justification for this determination is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments frcra the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of publication. Dated: September 3, 1981 Case No: CT 81-35 ;CP-182 Applicant: Native Sun Publish Date: September 12, 1981 JAMES C. Planning Director City of Carlsbad PC 1 LOCATION MAP COPY DEVELOPMENT DATA EXISTING tone t LAND USE - R-J. RHM PROPOSED LAND USE - COMDOMIHIUMS HIFFEARLEN BURGESS SHT1E PLMf u , HIPFEARLEN BURGESS niimc 1 •tciiitcim ' y •"\ ill-I, •i •" c I r **