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HomeMy WebLinkAbout1983-08-16; City Council; 7468; T.P.B Investments 3 lot/72 unit Tentative mapCARLSBAD - AGENC MTG...8/W83 TITLE: 3 LOT/72 UNIT TENTATIVE TRACT MAP AND •CONDOMINIUM PERMIT; SOUTHEAST CORNER 01 ALICANTE ROAD AND ZAMORA WAY. CT 82-26/CP-223/SUP-7 - T.P.B INVESTMENTS DEPT. CITY ATTY CITY MGR. I J3 U 0) noo CO Oz I RECOMMENDED ACTION: Both the Planning Staff and the Planning Commission recommend that the Council direct the City Attorney's Office to prepare documents APPROVING CT 82-26/CP-233 per Planning Commission Resolution No. 2153. ITEM EXPLANATION This item is a 3 lot/72 unit tentative tract map and condominium permit located as described above. The site is 11.3 acres in area and the project's density would be 6.3 dwelling units per acre. This density is slightly below the general plan density range of 10-20 du's/acre designated for this site. The Planning Commission could justify the lower density since the site is adjacent to a single family development on the west and the project would serve as a transition, to higher density to the east. The project consists of 36 duplexes. The units range in size from 2775 sq.ft. to 3600 sq.ft. The Planning Commission found that the project meets all development standards and design criteria of the Planned Development Ordinance. At the Planning Commission meeting, the Commission also approved a Special Use Permit for the project to allow the construction of 3 buildings in the Flood Plain Overlay Zone which runs across the southern tip of the property. The Commission based its approval on findings from both the City's Engineering Department and San Diego County Flood Control District that, as conditioned, flooding would not present any problems. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated July 14, 1983, which was approved by the Planning Commission on July 27, 1983. A copy of the environmental documents is on file in the Land Use Planning 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. EXHIBITSTTLocation Map 2. PC Resolution No. 21533. Staff Report, dated July 27, 1983 w/attachments 1538 11 (•1. : 5 C 3n>•ffr mp- V f*9 * It 3 11 i • j '(!i i ALICANTE RD ZAMORA WY> PROJECT SITE LA COSTA GOLF COURSE T.P.B. INVESTMENTS CT 82-26 /CP-223 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 wit: if- Sfc. PLANNING COMMISSION RESOLUTION NO. 2153 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A THREE LOT/SEVENTY-TWO UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON A 11.3 ACRE PARCEL ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF ALICANTE ROAD AND ZAMORA WAY. APPLICANT: T.P.B. INVESTMENT CASE NO; CT 82-26/CP-223 WHEREAS, a verified application for certain property, to Parcel 3 of Parcel Map 11722 filed October 9, 1981 and a portion of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, 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 27th day of July, 1983, 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; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 82-26/CP-223, based on the following findings and subject to the following conditions: 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 ?indings ; 1) 2) 3) Although the proposed density of 6.3 du's/acre is below the density range of 10-20 du's/acre specified for the site as indicated on the Land Use Element of the General Plan, this slightly lower density can be justified for the reasons stated in the staff report. 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. 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, and 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) The San Marcos School District has written a letter, dated December 1, 1982, stating that school facilities will be available to this project. c) Park-in-lieu fees are required as a condition of ap- proval. 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. The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. PC RESO NO. 2153 4) Conditions: 1) Approval is granted for CT 82-26/CP-223, as shown on Exhibits "A" - "F", dated December 17, 1982, incorporated by reference and on file in the Land Use Planning Office. 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 8 9 10 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. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ai7 28 f V- 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 December 1, 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. Land Use Planning Office 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 Land Use Planning Manager 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 Land Use Planning Manager prior to final map approval. PC RESO NO. 2153 3. 10) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 11) All parking lot trees shall be a minimum of 15 gallons in size. 5 12) All landscaped areas shall be maintained in a healthy and 6 thriving condition, free from weeds, trash, and debris. 13) Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require 8 review and approval of the Land Use Planning Manager prior to installation of such signs. 9 14) Trash receptacle areas shall be enclosed by a six-foot high 10 11 12 13 14 16 18 19 20 21 22 2 24 27 masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager. 15) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director. 15 16) The proposed retaining walls shall have architectural treatment and landscaping to the satisfaction of the Land Use Planning Manager and shall not exceed a height of six feet, 17 17) The proposed fire access roads adjacent to Building Nos. 12 and 23 as shown on Exhibit "B" shall have signs denoting that they are for emergency access only. 18) Approval of Tentative Tract CT 82-26/CP-223 is granted subject to approval of SUP-7. 19) A maximum of six model home units may be constructed prior to recordation of a final map provided that adequate provisions acceptable to the Land Use Planning Manager and City Attorney are made guaranteeing removal of such complex if the final map is not recorded. Engineering Department 20) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 26 21) 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 PC RESO NO. 2153 4. po include all required drainage structures and any required 1 2 3 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 22) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. 23) Prior to the issuance of a grading permit, the haul route shall be submitted for review and approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. 24) All slopes within this project shall be no steeper than 2:1 . 25) Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer. 26) Direct access rights for all lots abutting Alicante Road and Zamora Way shall be waived on the final map. 27) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. 28) The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees shall be of a variety selected from the approved Street Tree List. 29) The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 30) The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings. 31) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 32) The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map. PC RESO NO. 2153 5. 8 development shall be vacated, 9 Fire Department 10 11 12 showing locations of existing and proposed fire hydrants and 13 on site roads and drives subject to the approval of the Fire Marshall. 14 38) An all weather access road shall be maintained throughout 26 27 33) All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This respon- sibility shall be clearly stated in the CC&R's. 34) Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final 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 may revise existing conditions. 35) Prior to approval of final map, the existing twelve foot access easement along the southwest boundary of the proposed 36) Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall. 37) The applicant shall submit two (2) copies of a site plan 15 16 17 18 19 20 21 n Code, 22 42) Fire retardant roofs shall be required on all structures. 23 24 25 construction. 39) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 40) Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire De- partment. 41) 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 43) 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. 44) Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas. 28 45) The water main should be connected to Almaden Lane and to Alicante Road as shown on the tentative map rather then Zamora Way. PC RESO NO. 2153 6. 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 46) All streets shall have a minimum width of 16 feet of unobstructed access. Parks and Recreation 47) No existing street trees shall be removed unless written approval is given by the Parks and Recreation Department. 48) No trees shall be planted within 10 feet of the curb. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 27th day of July, 1983, by the following vote, to wit: AYES: Commissioners Marcus, Rombotis, Farrow, Lyttleton, Friestedt and Rawlins. NOES: None. ABSENT: Chairman Schlehuber ABSTAIN: None CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER [PC RESO NO. 2153 ALLIGATION SUBMITTAL DATE: DECEMBER 15, 1982 STAFF REPORT DATE: July 27, 1983 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: CT 82-26/CP-223/SUP-7 - T.P.B. INVESTMENTS - A request for a three lot/seventy-two unit tentative map/condominium permit and special use permit on property located at the southeast corner, of Alicante Road and Zamora Way in the RD-M zone. I. RECOMMENDATION It is recommended that the Planning Commissionn APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2154 APPROVING SUP-7 and Resolution No.. 2153 recommending APPROVAL of CT 82-26/CP-223 to the City Council based on the findings and subje.ct to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a 3 lot/72 unit tentative tract map/condominium permit and special use permit located as described above. The project will be located on an" 11.3 acre parcel and have a density of 6.3 du/ac. This density is below the General Plan Designation of 10-20 du/ac -for this site. The subject property consists of an irregularly shaped, previously graded parcel adjacent to the La Costa Golf course. The properties to the north and east are presently vacant, but have previously approved tentative maps for condominium developments. Single family dwellings and large detached condominium units are located on the properties to the west of the subject property. The proposed project will consist of large duplex condominium units with attached two car garages. The units will range in size from 2775-3600 square feet. There will be a total of 36 buildings all of which will gain access from private driveways. None of the buildings proposed will exceed a height of 35 feet. This project was originally scheduled for the February 9, 1983 Planning Commission meeting. However, while reviewing the project staff discovered that a portion of the property was within the 100 year floodplain of San Marcos Creek. The applicant was immediately notified that a special use permit was required and directed to meet with the San Diego County Flood Control Division. On June 7, 1983, staff received a letter from the San Diego County Flood Control Division concerning this project. This letter stated that all of the proposed .buildings were safe from a 100 year flood, except for the three southerly structures. If the level of.their lowest floor was raised one foot from 20 feet to 21 feet they would be safe from a 100 year flood. This change has been incorporated into the.tentative map by the applicant's engineer. / , v III. ANALYSIS Major Planning Issues (CT 82-26/CP-223) 1) Does the project conform with the development standards and design criteria of the Planned .Development Ordinance? 2) Can the project's design, which is below the density designated for this site by the General Plan be justified? Discussion Development Standards As proposed, this project meets or exceeds all of the development standards of the Planned Development Ordinance. Each unit will have a two car garage with adequate space to provide the required storage area. All .of the required visitor parking will be provided in parking bays located on the private driveways serving this project. Additional visitor parking will be available in front of the garages that have a 20' setback from the private driveways. A large, common recreation area will be located near the center of the project. Additional common recreational facilities will be located around the periphery of the project. These facilities will consist of two spas, a barbecue area and a sitting area with a trellis. Twenty of the units, all of the "C" models, will have large patios. All other development standards of the Planned Development Ordinance are met by this project. Design Criteria As proposed, this project conforms with the design criteria of the Planned Development Ordinance. The long linear driveway in the northern portion of the property is dictated by existing public roads, the configuration of the property and the-type of units being proposed in this project. The applicant has mitigated this problem by the use of heavy "landscaping and varying setbacks. Textured concrete in front of the garages and in the driveway will further reduce the linear appearance of the driveways within this project. >* The entrance to the project will be heavily landscaped and .accented by a fountain. The main recreation area is centrally located and will be readily accessible to all of the units. * —2 — Density Staff feels that the reduced density requested by this project is acceptable, because this project is located immediately adjacent to existing single family homes and a similar large detached unit condominium project to the west. This project will provide a good transition between these units and previously approved higher density condominiums to the north-and east. A Overall staff feels the proposed project complies with the development standards and design criteria of the Planned Development Ordinance and that its reduced density can be justified, therefore, recommends approval of this project. Major Planning Issue (SUP-7) 1) Will approval of a special use permit allow development which would be subject to flooding hazards? Discussion As mentioned, a portion of the site is within the 100 year floodplain boudary,-and as such, must receive approval of a special use permit prior to development. The special use permit may only be granted if the City Engineer finds that the project is designed to mitigate flooding hazards. The applicant has submitted detailed data showing how all flooding hazards would be mitigated. This data was reviewed by the Engineering Department and the San Diego County Flood Control District. Both parties found that as designed, the portion of the project within the 100 year floodplain will not be subject to flooding hazards nor will the construction of the project create other flood problems to adjacent or downstream properties. A memo from both the Engineering Department and the Flood Control District confirming these findings are attached for the Commission's review. Because these findings have been made, staff is recommending approval of SUP-7. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that the project will not have a significant effect on the environment and, therefore, has issued a Negative Declaration on July 14, 1983. »• • . " ATTACHMENTS 1) Planning Commission Resolution Nos. 2153 and 2154 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) ' Letter, dated May 26, 1983 . 6) .Memo, dated July 18, 1983 7) Environmental Documents 8) Reduced Exhibits 9) .Exhibits "A" - "F", dated December 17, 1983 BACKGROUND DATA SHEET CASE NO: CT 82-26/CP-223/SUP-7 APPLICANT: T.P.B. Investment ' REQUEST AND LOCATION: 3 lot/72 unit tentative tract map/condominium permit and special use permit at the southeast corner of Alicante Land and Zamora Way. LEGAL DESCRIPTION: Parcel 3 of Parcel Map 11722 filed October 9, 1981 and a portion of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian. . APN; 216-130-39 and 62 Acres 11.5 Proposed No. of Lots/Units 3 GENERAL PLAN AND ZONING. Land Use Designation RMH Density Allowed 10-20 du/ac Density Proposed 6.3 du/ac Existing Zone RD-M Proposed Zone -— • Surrounding Zoning and Land Use: Zoning Land Use Site RD-M Vacant North RD-M Vacant South P-C Vacant East RD-M - Vacant West RD-M & R-1-10 SFD & Condo PUBLIC FACILITIES School District San Marcos Water Carlsbad Sewer Leucadia EDU's 120 Public Facilities Fee Agreement, dated December 1, 1982 ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued July 14, 1983 E.I.R. Certified, dated : ; ' Other, ' . a. r i a -. i . ,-,Vha.t further information is r<# -ired, you will be so advised/^ • • "" * APPLICANT:T.P.B. Investments c/o John Helm ;- . MEMBERS r liana (individual, partnership, joint venture, corporation, syndication) 7682 El Camino Real, Carlsbad, CA 92008Suite.201 ;_..,..._. •.. • ; . -...'...—. --'-- L5usinsss Addreiss ' • •' (619) 942-1999 ' : •• • . ... Telephone Kuober ' • \ BRIAN SMITH ENGINEERS,, INC. Name ' ' ...••• 2656 State Street," Carlsbad, CA 92008 Business Address (619). 729-8981... -. Telephone Nuraber• • Tliecxiore Aroney an individual ' • Maine -(individual, partner, joint venture, corporation^ syndication) 7220 Arenal Lane , Carlsbad, CA 92008 7220 Arenal Lane, Carlsbad, CA 92008 Borae Business Address 619/438-2045 Telephone Nusibar Beneficiary • Daon Corporation, a Delaware Corporation P. 0, Box 1710,, Costa Mesa, CA 92626 Telephone Number Eome Address Business Address 619/641-6666 .-. Telephona Nuaber Telephone Nu ' ;..• (Attach more sheets if necessary) • if •« 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 es being true and correct until amended. 'Jvjc:i>t,((>..• r.t-tr^ i'art:n^7r. BEST*8fr. <&&&*. n^m^ims& mm^* m COPY '&*&&?M COUNTY OF SAN DIEGO INTER-DEPARTMENTAL CORRESPONDENCE OATE _May 26, 1983 TO: Dwight Smith, Land Development Engineering (0336) Attn.: Jerry Proesel FROM: Joe Hill, Flood Control Division (0382) SUBJECT:- City of Carlsbad TM 82-26, Alicante View, T.P.B0. Investment (UKH 244) In accordance with your request, we have reviewed the subject plan for development along San Marcos Creek. This subdivision is in. the La Costa area and adjacent to San Marcos Creek on its northern bank. Based on cross-section data submitted by the engineer and our further engineering review, we have conservatively determined that all structures are safe from the 100-year flood of San Marcos Creek if constructed at the lowest floor elevations indicated on the tentative map except the three southerly structures f units 67-68, 69-70, and 71-72). Those three structures are conservatively considered to be safe from the 100-year flood if their lowest floor is at a minimum elevation of 21.0 feet M.S.L. (They are shown as 20.0 on the tentative map.) I discussed the above on May 24, 1083 with Mr. Jorgcn of Brian Smith Engineers, Inc. and ]\G had no objection to our determination. As previously discussed with you, we are sending copies of this memo to the City of Carlsbad and to Brian Smith Engineering, Inc. Original Signed by Joseph C. Hill •JOE HILL Principal Civil Engineer JCH:WFS:lm c<" City of C 1200 Elm Ave., Carlsbad, CA 92008; ing, Inc., 2656 State St., Carlsbad, CA 92008 CITY OF CARLSBAD I'Oi'K '• ;s (J44