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TITLE:CT 82-11/PUD-44, PLAZA SERENA DE LA
COSTA - APPEAL OF PLANNING COMMISSION
APPROVING
DEPT.
CITY ATTY!/
CITY
RECOMMENDED ACTION:
It is recommended that the City Council deny the appeal of
CT 82-11/PUD-44 and reaffirm the Planning Commission's decision
in approving the project.
ITEM EXPLANATION
This item is an appeal of a Planning Commission decision to
approve an eight unit Tentative Tract Map and Planned Unit
Development located at the end of Luciernaga Court in La Costa.
The project site is 1.35 acres in size. The proposed density is
5.8 dwelling units per acre which is within the General Plan
range of 4-10 du's/acre designated for this site.
This appeal is being made because some of the adjacent property
owners feel that Luciernaga Court would be unable to handle the
traffic generated by this development. They also believe that
the proposed development is out of character with the neighbor-
hood which consists primarily of a duplex on each lot.
At the public hearing on August 11, 1982, the Planning Commission
found that the project met all requirements of the Subdivision
Ordinance and the Planned Development Ordinance. The Commission
also considered all of the adjacent property owners' concerns and
determined that as designed, this project would not adversely
impact the neighborhood.
ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project
will not cause any significant environmental impacts and, there-
fore, has issued a Negative Declaration, dated July 23, 1982,
which was approved by the Planning Commission on August 11, 1982.
A copy of the environmental documents is on file in the Land Use
Planning Division office.
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) PC Resolution No. 1996
B) Staff Report dated August 11,
C) Letter of Appeal dated August
1982, with
26, 1982
Attachments
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wit:
PLANNING COMMISSION RESOLUTION NO. 1996
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN 8 UNIT
TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT
ON PROPERTY GENERALLY LOCATED AT THE END OF
LUCIERNAGA COURT BETWEEN LUCIERNAGA STREET AND
ARGONAUTA STREET.
APPLICANT: PLAZA SERENA
CASE NO; CT 82-11/PUD-44
WHEREAS, a verified application for certain property to
Lots 194 and 195 of La Costa Meadows Unit No. 1 per Map
6800 filed in the County of San Diego
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 11th day of
August, 1982, 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 Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
ommission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission hereby APPROVES CT 82-11/PUD-44, based on the
following findings and subject to the following conditions:
Findings;
1) The project is consistent with the city's General Plan since
| the proposed density of 5.92 du's/acre is within the density
range of 4-10 du's/acre specified for the site as indicated on
the Land Use Element of the General Plan.
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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 proposed.
3) The project is consistent with all city public facility pol-
icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriate
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 project.
b) School fees will be paid to ensure the availability of
school facilities in the San Marcos school district.
c) Park-in-lieu fees are 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 will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
Planning Director on July 23, 1982 and approved by the Planning
Commission on August 11, 1982.
The project complies with the Planned Development Ordinance
and is consistent with the Design Guidelines Manual.
6)
Conditions
Jeneral Conditions:
1) Approval is granted for CT 82-11/PUD-44, as shown on Exhibit(s)
"A" - "E" and "X", dated June 12, 1982, incorporated by
?C RESO NO. 1996 -2-
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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 April 2, 1982, 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 25, 1982, 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) 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.
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.
0) 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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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 in-
stallation of such signs.
13) Delete one guest parking space adjacent to Unit No. 5 and
redesign for adequate emergency vehicle turn-around area.
14) All roof-top appurtenances shall be architecturally integrated
into the design of the building and shielding to prevent noise
and visual impacts, subject to approval before issuance of
permit.
Engineering
15) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
16) The grading for this project is defined as "controlled grading"
by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and testing to insure compliance of the work with
the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
17) Upon completion of grading, the developer shall insure that an
"as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective
measures as actually constructed and must be based on a contour
map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a mylar
or similar drafting film and shall become a permanent record.
18) No Grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
19) All concrete terrace drains shall be maintained by the home-
owner's association (if on commonly owned property) or the
individual property owner (if on an individually owned lot) in
perpetuity. An appropriately worded statement clearly
identifying the responsibility shall be placed in the CC&R's.
20) Retaining walls as shown on tentative map must be approved by
Building Department prior to the issuance of a grading permit
for the site.
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21) Landscape and irrigation plans must be approved by the
Planning Department prior to the issuance of a grading permit
for the site. The cribwall shown on the tentative map shall
be irrigated using a mist type system.
22) Building setbacks from slopes shall conform to city standard
GS-14. The toe of a cribwall or retaining wall shall be
considered the same as toe of slope.
23) Prior to grading plan approval, profile drawings of site
driveways must be approved by the City Engineer. These
profiles may be part of the grading plan.
24) All manufactured slopes shall be no steeper than 2' horizontal
to 1' vertical.
25) A brow ditch shall be contructed along the top of the cribwall
along the rear property line. This shall be shown on and made
a part of the grading plan.
26) All drainage from this project shall be carried thru a storm
drain inlet system to the nearest public storm drainage
facility or an outlet as approved by the City Engineer.
Fire
27) Additional public and/or on-site fire hydrants are required.
28) Submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and on-site roads and
drives.
29) An all weather access road shall be maintained throughout
construction.
30) All required fire hydrants, water mains and appurtenances shall
be operational prior to combustible building materials being
located on the project site.
31) Proposed security gate systems shall be provided with "Knox"
key operated override switch, as specified by the Fire De-
partment.
32) 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 Municipal Code.
33) Fire retardant roofs are required on all structures.
34)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.
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Parks and Recreation:
35) Trees planted along street frontage must be planted 12' back
from curb and away from sewer outlet.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on the
11th day of August, 1982, by the following vote, to wit:
AYES: Chairman Farrow; Commissioners Jose, Rombotis,
Friestedt and Rawlins
NOES: None
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ABSENT: Commissioners Marcus and Schlehuber
ABSTAIN: None
VERNON J. FARROW, JR., Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.R, Secretary
CARLSBAD PLANNING COMMISSION
PC RESO NO. 1996 -6-7
ABBLICATION SUBMITTAL DATE:
JUNE 3, 1982
STAFF REPORT
DATE: August 11, 1982
TO: Planning Commission
FROM: Planning Department
SUBJECT: CT 82-11/PUD-44f PLAZA SERENA DE LA COSTA - Request for
an 8 unit Tentative Tract Map and Planned Unit Develop-
ment on property located at the end of Luciernaga Court
between Luciernaga Street and Argonauta Place in the R-2
zone.
I.PROJECT DESCRIPTION
The applicant proposes to construct an 8 unit planned unit
development on a 1.35 acre parcel located as described above.
The project site consists of two parcels containing 8 postage
stamp lots. The northern half of the subject property has a
relatively gentle slope and the southern half slopes more steeply
up to an approximate height of 40 feet.
The proposed project will result in a density of 5.8 dwelling
units per acre which is within the general plan designation of 4-
10 dwelling units per acre for the site. The properties to the
north, west and south are occupied by duplex-type residences
while the property to the west is vacant.
This project is one of the first residential projects to be
reviewed under the new Planned Development Ordinance. Although
the ordinance is not effective at this date, it has been approved
by the City Council and will be effective shortly (August 20,
1982). Staff is recommending that if the Planning Commission
approves this project that the approval documents (resolution) be
brought back at the next regularly scheduled Planning Commission
meeting (August 23, 1982) at which time the new Planned
Development Ordinance will be in effect.
II. ANALYSIS
Planning Issues
1) Does the project conform with the development
standards and design criteria of the Planned
Development Ordinance?
Discussion
Development Standards
All required resident and guest parking for this project will be
located on site. All resident parking will be in garages located
under each unit and all guest parking will be dispersed through-
out the site.
c.
With respect to recreation, approximately 3700 square feet of
active and 1900 square feet of passive recreation will be pro-
vided. This is approximately 700 square feet per unit. As shown
on Exhibit "A", the majority of the common recreation area will
be located in two places, at the northern section of the lot and
between units six and seven. The recreation on the northern sec-
tion will include a racquet ball court, swimming pool, spa, and
sauna, while the other recreation area will consist of a lawn
and picnic area.
Staff has found that this project meets all other development
standards of the Planned Development Ordinance.
Design Criteria
The criteria for open space, landscaping, recreational facilities
and pertinent amenities have been fulfilled by this project. The
applicant has designed the project to be compatible with the sur-
rounding development in the vicinity. All the units have been
situated to maximize the views to the west. The applicant has
also tried to break-up the dominance of the driveway by landscap-
ing along each of its sides.
Overall, staff believes that both the development standards and
design criteria of the Planned Development Ordinance have been
met by this project. Also, the project substantially complies
with the Design Guidelines Manual adopted as part of the Planned
Development Ordinance.
III. 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 23, 1982.
IV. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the
Negative Declaration issued by the Planning Director and ADOPT
Resolution No. 1996, APPROVING CT 82-11/PUD-44, based on the
findings and subject to the conditions contained therein.
ATTACHMENTS
1) PC Resolution No. 1996
2) Location Map
3) Background Data Sheet
4) Disclosure Form
5) Reduced Exhibits
6) Environmental Documents
7) Exhibits "A" - "E" and "X", dated June 12, 1982
ER/ar
8/5/82
-2-
LOCATION
CASE NQ.CT82-11VPUD-44
APPLSGANT
SITE
VICINITY MAP
BACKGROUND DATA SHEET
CASE NO: CT 82-11/PUD-44
APPLICANT: PLAZA SERENA DE LA COSTA
REQUEST AND LOCATION: 8 unit tentative tract map and planned unit development
End of Luciernaga Court between Luciernaga Street and Argonauta Street.
LEGAL DESCRIPTION: Lots 194, 195 of La Costa Meadows Unit 1 according to Map
6800 filed in the County of San Diego. APN; 215-300-01 & 02
Acres 1.35 Proposed No. of Lots/Units 8
GENERAL PLAN AND ZONING
Land Use Designation R-M
Density Allowed 4-10 Density Proposed 5.92
Existing Zone R-2 Proposed Zone N/A
Surrounding Zoning and Land Use:
Zoning Land Use
Site R-2 Vacant
North R-2 Duplex
South R-2 Duplex
East R-2 Vacant
West R-2 Duplex
PUBLIC FACILITIES
School District San Marcos Water Olivenhain Sewer Leucadia EDU's
Public Facilities Fee Agreement, dated May 25, 1982
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued July 23, 1982
E.I.R. Certified, dated
Other,
If after the information you have submitted has been reviewed", it is deterainecL
;that further information ij»*required, you will be so advised.
1 ' ' ry/ ^ f~*\ / /APPLICANT r
AGENT:
Naraa (individual, partnership, joint venture, corporation, syndication)
Business Address
Telephone Number
Name
Business Address
MEMBERS:
Telephone Number
Name •(individual, partner, joint:
venture, corporation,, syndication)
Eoiae Address
Business Address
Telephone Nimber Telephone dumber
Eoma Address
Business Address
Telephone Nraber Telephone
(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 nay be'
relied upon as being true and correct until amended.
Applicant
BY
Agent, Cv.T.er, Partner
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. 1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008 |
O'ffice of the City Clerk
Citp of Cartebafc
APPEAL FORM
TELEPHONE:
(714)438-5535
I (We) appeal the following decision of the
P1 a nn i nrr rommi ga i on to the City Council I
Carlsbad
Project name and number (or subject of appeal); CT 82-11/PUD 44,
Plaza Serena
Date of decision; August 25,1982-.
Reason for appeal: This appeal relates to both the subdivision and
the planned unit development. Said project^ would be a detriment
t-
to the area in that it is proposed to be built on an extremely :
crowed cul-de-sac which is currently over burdened with motor
vehicles and the addition of eight units will create an intolerable
situation. Moreover, the project as planned is located adjacent to
the estates area of La Costa aa<l if built will destroy, the harmony
of the neighborhood,., s^^z** , ^
Date Signature
August 26, 1982
Frank
Name (Please print)
71 m Rahi'lnm'aAddress
farlshad, ralifornia 9200R
43P-T
Telephone Number