HomeMy WebLinkAbout1981-11-03; City Council; 6792; 14 Unit CT/CP - Native Sun InvestmentsA ClC OF CARLSBAD - AGEND^ILL
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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
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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
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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.
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d) All necessary public improvements have been provided or
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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.
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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-
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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
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8)
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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-
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., 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.
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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.
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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.
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MARY MARCUS, Chairman
16 CARLSBAD PLANNING COMMISSION
17 ATTEST:
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JAMES C. HAGAMAN, Secretary
20 CARLSBAD PLANNING COMMISSION
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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.
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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
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' 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
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