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HomeMy WebLinkAboutCT 81-24; Rose Garden Partnership; Tentative Map (CT)» « STAFF REPORT DATE: July 8, 1981 TO: Planning Commission FROM: Planning Department SUBJECT: CT 81-24/CP-6(A) - ROSE GARDEN PARTNERSHIP - Request for a tentative tract map and amendment to a major condominium permit to split a 23-unit condominium project into two parcels for phasing purposes on a 2.85-acre condominium lot immediately west of Zamora Way between Alicante Road and Almaden Lane in the RDM Zone. I. PROJECT DESCRIPTION The subject property is a 2.85-acre site upon which 23 condominium units have been approved of which 14 are presently under construc- tion. These units were approved by the City Council on June 27, 1979 in connection with CP-6. Previous to this, the site was ap- proved as a condominium lot by the County Board of Supervisors in 1970, prior to the annexation of La Costa, hence, no additional tentative map was necesary for the airspace subdivision. For financing reasons, the applicant would like to build the pro- ject in two phases. To accomplish this, the applicant proposes to subdivide the lot into two new lots which correspond with the two proposed phases. The Planning Commission must find Phase I to meet the requirements of the Condominium Ordinance, and to be in confor- mance with plans previously approved by the Planning Commission and City Council. As shown on Exhibit "A", the proposed lot line will be aligned ap- proximately through the middle of the development, apportioning 13 units on Lot 1 (Phase 1) and 10 units on lot 2 (Phase 2). The com- mon recreation area is located within lot 1 as well as private two- way access and sufficient visitor parking. The density of the total project was approved at 8.07 du/ac, well below that allowed in the medium-high density general plan designation. Phase 1 of the proposed subdivision would have a density of approximately 9.2 dwellings per acre which is also within the allowable density range. II. ANALYSIS Planning Issues 1. Will the proposed subdivision and revised project continue to conform to the requirements of the Condominium Ordi- nance? III. DISCUSSION The development standards and design criteria of the project will be unaffected by the proposed subdivision. Staff's major concern was whether lot 1 could stand on its own as an approved condominium project if a lengthy period of time occurs between the development of Phase 1 and 2. Staff's finding is that lot 1 could meet all the requirements of the Condominium Ordinance as virtually all of the common amenities for the project are located on this lot. Storage space, laundry facilities, recreation areas, parking facilities, refuse areas, and other requirements will continue to be met as in accordance with CP-6. Additionally, the revised project will have no change in effect on public facility, service district, or school requirements from that originally required and approved. Its effect upon the environment will also be unchanged from that which was issued a Negative Declaration on May 2, 1979. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have a significant impact upon the environment and therefore has issued a Negative Declaration on May 12, 1979, and a Notice of Prior Environmental Compliance on June 8, 1981. A copy of the pre- vious environmental documents is on file in the Planning Depart- ment . V. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 1829, recommending APPROVAL of CT 81-24/CP-6(A), to the City Council based on the findings and subject to the conditions con- tained therein. ATTACHMENTS 1. Planning Commission Resolution No. 1829 2. City Council Resolution No. 5873, dated June 12, 1979 (CP-6) 3. Location Map 4. Background Data Sheet 5. Disclosure Form 6. Notice of Prior Environmental Compliance 7. Exhibit "A", dated June 23, 1981 PJK:ls 6/30/81 -2- f a < ^ < d Q O CO o o O n > D 2 T- > O < !i: -I > u O 8 Q ^^ < oa t/1 _i c: < o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ( RESOLUTION NO. 5873 A RESOLUTION OF THS CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING CONDOMINIUM PERMIT (CP-6) FOR A TVJENTY- THREE DETACHED DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED V7EST OF ZAMORA WAY, BETWEEN ALICAIJTTE ROAD AND ALRADEN LANE. APPLICANT: KORT G'GRADY. IfflEREAS, on June 27, 1979 the Carlsbad City Planning Coimnission adopted Resolution No. 152 7 recomrrianding to the City Council that Condominium Permit (CP-6) be conditionally approved; and V7HEREAS, The City Council of the City cf Carlsbad, on July 3, 1979, held a public hearing to consider the reco-inendations of the Planning Commission and to receive all rscomraendations and hear all persons interested in or opposed to Condomnium Permit (CP-6); and WHEREAS, said Condominium Permit has been declared to ha\'a a nonsignificant impact on the environment and a Negative jDeclaration has been prepared and filed in coaplianca ^ith. the requirements of the City of Carlsbad Environmental 19 !'i Protection Ordinance of 1972; I! 20 Ij NOW, THEREFORE, BE IT RESOLVED by the City Council of 21 22 ij li 25 24 the City of Carlsbad as follov/s: A. That the xbove recitations are true and correct. B. That thi findings of.the Planning Commission constitute the findings of the City Council except for findings 3(b) and 25 i3(e), which are iisapproved and replaced by the following: 26 ir from the responsible sewer agency, tha 27 ji City Council accepts the agency's representations that 28 i sewer ser^'-ice is available for this project and so finds. Since a < CQ CC < o G O 6 > - H > i-< < 5 o S Q < ^•.-itA 1 2 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 9") 22 ii 26 on I the conditions of approval provide that the final condominium plan cannot be approved unless sewer service is available and building can not occur within the project unless sewer service is available and sewer connection permits are issued, the City Council is satisfied that the requirements of the Public Facilities Element of the General Plan have been met as they . spply to this condominium permit approval. At this time the City Council is not prepared to find that all other public facilities necessary to serve this project will be available concurrent with need. Tha City Council has, by inclusion of an appropriate condition tc this condominium permit, required that the project contribute the costs of such facilities- Since the development will pay its proportionate share of the public facilities which it will require, the City- Council i.3 satisfied that the requirem.ents of the Public Facilities Element of the General Plan have been satisfied. C. That said Condominium Permit, together with the provisions for its design and improvement, and subject to the conditions of this resolution, is consistent v;ith all applica.ble general and specific plans of the City of Carlsbad. D. That Condominium Permit (CP-6) is hereby approved subject to all applicable requirem.ents of the Carlsbad Municipal Code and co the satisfaction of the following conditions: 1) Approval is granted for the portion of land described in the application, C?-6, and all attachments thereto; and develop- rent shall bs performed substantially as shown on CP~6, Exhibit A, dated 6/3/79^ Exhibit B, dated 5/31/79, and Exhibits C, D, and E dated 4/24/79, on file in the Planning Department office, except for modifications required herein. 2) The applicant shall comply with all rules and regulations of th- Carlsbad Municipal Water District regarding water service _7- o < CQ t/1 < o o z o > C lu U Q < < 2 3 4 5 6 7 8 9 10 11 12 13 14 t<t 15 27 3) 4) 5) 6) Xo 17 18 19 20 21 il 22 23 24: 251: 7) 8) 9) 10) ;/// to the condominium project. Should extensions to the exist- ing public water system be deemed appropriate by the Carlsbad Municipal Water District, the developer will be required to provide the complete system. In addition, the applicant shall submit to the City Engineer a letter from the Carlsbad Municipal Water District which approves in concept the proposed water system prior to final condominium plan approval. The applicant shall prepare a reproducible copy of the final condominium site plan incorporating all requirements of the condominium permit approval, and shall be subject to the approval of the Planning Director. The applicant will provide school fees tc mitigate conditions of overcrowding as part of building permit applications. These fees shall be based on the fee schedule in effect at the time of building permit. t-he express condition be approved by ineer finds as of ice is available to This condominium permit is approved upon that the final condominium plan shall nc- the Planning Director unless the City Eng the tim.e of such approval that sewer serv serve the subdivision. This condominitim permit is approved upon tha express condition that building or grading perm.its will not be issued for develop ment of the subject property unless the City Engineer deter- m.ines that such sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy and that sewer connection permits have been issued by the responsible sewer agency. If the City Engineer determines that sev/er facilities are not available, or connection permits are not issued, building permits v;ill not be issued. The applicant shall submit to the City Engineer a letter from the. Leucadia County Water District which approves in concept the proposed sewer system layout prior to final condomdniuiu plan approval. i\ looped water system, and fire hydrants shall be provided by the applicant subject to the approval of the Fire Marshal. In order to provide for fire protection dviring the construc- tion period,, the applicant shall maintain passable vehicular access to all buildings, and adequare fire hydrants with required fire flows shall be installed as recomjnended by the Fire Depar-cr.ent. All priva-a drivav\;ays shall ba kept clear of parked vehicles at all tirr.es, and shall have posted "No Parking/Fire Access o < u.- . 5 < H >- ^ " S ^ 8 • Hi C-i z o < Cl CO cc < il 11) 12) 13) i 14) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS ' 19 201; 22 il P 19) 23'' 15) 116) ! 17) 18) 24 i il I! 25 !: 20) II 27 21) 28 !l /// The proposed landscape plan shall be modified as follov/s: at least 50% of the Eucalyptus Cladocalyx trees shall be installed 15 gallon size or greater; the Hedera Helix ground- j cover shall be replaced with a m.ore drought tolerant plant species. Street trees of a variety approved by the Parks and Recrea- tion Department shall be installed to City specifications at 40 foot intervals along all public street frontages- All condominiwn units shall be equipped v;ith automatic garage door openers and trash compactors. Prior to occupancy of any units, the applicant shall establish covenants, conditions and restrictions for the condominiuia development which prohibits the erection or construction of any fence or barrier within the developrr.ent betv/een and/or | around the individual dwelling units, e::c3pt that a fence may j be allowed which encloses only the patio arsa adjacent to each | unit.. Said CC and Rs shall be subject -c the review and appro\^ of the Planning Director. | Prior to occupancy of any units, the applicant shall establish j a homeowners' agreement which stipulates that refuse will be j collected from each unit and transported to the refuse area j on at least a weekly basis by maintenance workers of the ! development. | The developer shall install a 5' sidewalk, contiguous v;ith the existing curb along the Alicante Road and Zeimora Way frontage to the satisfaction of the City Engineer prior to the occupancy of any units- The developer shall install standard city street lights along ' all public street frontages to the satisfaction of tha City I Engineer prior to occupancy of any units. | The developer must receive the approv'-al of the City Engineer ' for the improvement plans, enter into the appropriate improve- | ment agreement, post the required security for the construction of public improvements and pay the appurtenant fees prior to ; the issuance of building perm.its. j 1 The developer shall receive the approval of the City Engineer \ for a site grading plan prior to any'construction being per- : formed v;ithin the project site. ! The developar must obtain the necessary documents for the abandonm.er.t of the on-site drainage easement just off Zamora ',h.y from -:r.a County of San Diego prior to issuance of building per.n^its. Tha elecrricl driveway gates shall be set back 15' from the proper~y line. Q < CD t/J _I ^< ^ O O I). O O ^_ o UJ z o z o c ^-t- o C-J cn Ui < ?• ^ > .? 3 < S Q 2' < < u .1. 2 5 4 5 6 7 8 9 10 11 13 14 15 16 17 l! i t 19 ji •20 2-L 22 23 2A i' ^ j! 26 27 li 28 !; '%miA • 22) The electrical driveway gates' opening mechanism shall be approved by the Fire Marshal prior to installation. '23) Prior to issuance of building permits, the developer . shall pay a public facilities fee as it may be adopted by the City Council. Prior to approval of the final condomdnium plan arrangements satisfactory to the City Manager shall be made guaranteeing such payment. PASSED, APPROVED AND ADOPTED at a regular m.eeting of the Carlsbad City Council held on the jday of 1979 by the following vote, to wit: AYES: NOES: ABSENT: ROxNALD C. PACKA?3, Mayor I ATTEST; ALETHA L. RAUTENKPANZ, City Clerk (SEJvL) -5~ ~1 CAMELOT CONDOS w BACKGRQUND D2\TA SHEET CASENQ: CT R1-24/CP-firA) APPLICANT: ROSE GARDEN PARTNERSHIP REQUEST AND LOCATION: LOT SPLIT INTO TTO PARCELS WEST CORNER OF ALICANTE RQAD, ZAiyORA WAY AND ALMADEN LANE , LEGAL DESCRIPTION: LOT 3 OF LA COSTA VILLAGE ACCORDING TO MAP 6621 FILED APRIL 14, 1970 Assessors Parcel Number: 215 - 231 ~ 52 Acres 2185 No. of Lots _l GENERAL PLAN AND ZONING General Plan Land Use Designation RMH Density Allowed 10-20 Density Proposed 8.07 Existing Zone Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use North PD-M flulti-family South RD~M Multi-family RD-M Vacant ^gg^ RD-M Malti-family PUBLIC FACILHTES School District SAN MARCOS Water District LEUCADIA Sewer District OOSTA REAL EDU's 23 Public Facilities Fee Agreement, dated February 19, 19 81 . (Other: ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued MAY 12, 1979 Log No. s4'S E.I.R. Certified, dated Other, NOTICE OF PRIOR EN^/TRnNMRNTTAT. CfT/fPT.TANCE, DATRn .lim^. 8^ IQfil If after the informal^n you have submitted has been ^^iewed, it is detennined that further information is required, you will be so cSn^ised. APPLICANT: AGENT: MEMBERS: Rose (aarden Partnership Name (individual, partnership, joint venture, corporation, syndication) 7690 El Camino Real. Carlsbad. CA 92008 Dusine.ss Address 438-5111 Telephone Number Bruce H. Wyman Name 9373 Hazard Way, Suite 204, San Diego, CA 92123 Business Address 560-0944 Telephone Number Name (individual, partner, joint venture, corporation, syndication) Home Address 7351 Alicante. Carlsbad. CA 92008 Business Address 438-5111 Telephone Number Telephone Number UTA, Inc. Name Home Address 7351 Alicante, Carlsbad, CA 92008 Business Address 438-5111 Telephone Number LDC. Inc. - Burt Lewen UTA. Inc. - Herb Goffstein Dr. Joseph Dupont Telephone Number Tom Cavanagh D. Anthony Daston Jack Nakash (Attach more sheets if necessary) I/VJG declare under p«nalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be' relied upon as being true and correct until amended. 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008 438-5591 Citp of €avlihatji PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE please Take Notice: The Planning Department has determined that the environmental effects of the project described below have 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: CT 79-6{A)/CP-6(A) Project Location: Immediately west of Zamora Way between Alicante Road and Almaden Lane. Project Description: Tentative tract map to split 23 unit condominium lot into two parcels for phasing purposes. Justification for this determination is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) daysof date of publication. Dated: June 8, 1981 JAf€5 C. HAGAMAM Case No: CT-79-6(A)/CP-6(A) Planning Director Applicant: Rose Garden Partnership Publish Date: June 13, 1981 PC 1 7^ '^s:A<Af PC 1 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 County of San Diego 220 West Broadway San Diego, CA 92101 438 • 5591 Citp of Carlfl(bab NOnCE CF DETERMINATICN This is to advise that the City of Carlsbad on August 4, 1981, approved the following projec±.: Project DescriptiCTi: Tentative tract to split 23 unit oondcminiuiTi lot into two parcels for phasing. Project Address/Location: Iintiediately west of Zamora Way between Alicante and Almaden Lane. Ths City made the following determinations regarding the environmental impact of the above described project: 1. The project Will not have a significant effect an the envircximent. 2. Mitigation measures were not made a ccndition of the approval of this project. A copy of the Negative Declaration with supporting document is available for public review at the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, GA 92008. DATE: August 5, 1981 ^ ' CASE NO: CT 81-24/CP-6 (A) APPLICANT: Rose Garden Partnership JAMES C. HAGAMAN Planning Direct( 1200 ELM AVENUE CARLSBAO. CALIFORNIA 92008 433-5591 Citp of Carlsbali PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has detennined that the environmental effects of the project described below have 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: CT 79-6(A)/CP-6(A) Project Location: Immediately west of Zamora Way between Alicante Road and Almaden Lane. Project Description: Tentative tract map to split 23 unit condominium lot into two parcels for phasing purposes. Justification for this determination is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of publication. Dated: June 8, 1981 Case No: CT-79-5(A)/CP-6(A) Applicant: Rose Garden Partnership Publish Date: June 13, 1981 JAf€S C. HASAMAM Planning Director PC 1 PC 1 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, js. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the C3rlsbad Joumal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City ofCarlsbad will hold a public hearing at the City Council Cham- bers. 1200 Elm Avenue. Carlsbad. California, at 7:00 p m on Wednes- day. July 8. 1981. to consider approval of a Tentative Tract Map and amendment to a Condominium Pemiit to subdivide a 23-unit con- dominium project into two lots for phasing purposes on property generally located on the west cor- ner of Alicante Road. Zamora Way. and Almaden Lane, and more parti- cularly described as: Lot 3 of La Costa Village, in the city of Carlsbad. County of San Diego, according to Map Thereof No. 6621. filed in the office of the County Recorder of San Diego County. April 14. 1970 , Those persons wishing to speak on this proposal are cordially in- vited to attend the public hearing. If you have any questions, please call the Planning Department at 438-5591. Case File: CT 81-24/CP-6(A) Applicant: ROSE GARDEN PART- NERSHIP ; CITY OF CARLSBAD ' PLANNING COMMISSION CJ S439: June 27. 1981 • i , June .27...... 19.81. 19 . 19 19 (9 .. . . I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the ?Qth day of June, 1981 a Clerk of the Printer 1M/6«1 1^ NOTICE IS HEREBY GIVEN that the Planning Commission of the city of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, Califomia, at 7:00 P.M. on Wednesday, July 8, 1981, to consider approval of a Tentative Tract Map and amendment to a Condominium Permit to subdivide a 23 unit condominium project into two lots for phasing purposes on property generally located on the west comer of Alicante Itoad, Zamora Way, and Almaden Lane, and more particularly described as: lot 3 of La Costa Village, in the city of Carlsbad, County of San Diego, according to Map Thereof Nb. 6621, filed in t±ie office of the county Recorder of San Diego County, April 14, 1970. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-5591. CASE FILE: APPLICANT: PUBLISH: cr 81-24/CP-6(A) ROSE GARDEN PARENERSHIP JUNE 27, 1981 CITY OF CARLSBAD PLANNING CCMVIISSICN LOCATION MAP CASE no.s:L/Z2rM^[££<A(f^ ILX-J^^ NOTICE IS HEREBY GIVEN that the Plarming Coimission of the city of Carlsbad will hold a public hearing at the City Council Chainbers, 1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on Wednesday, July 8, 1981, to consider approval of a Tentative Tract Map and amendment to a Condominium Permit to subdivide a 23 unit condominium project into tvx5 lots for phasing purposes on property generally located on the west corner of Alicante Itoad, Zamora Way, and Almaden Lane, and more particularly described as: Lot 3 of La Costa Village, in the city of Carlsbad, County of San Diego, according to Map Thereof No. 6621, filed in the office of the County Recorder of San Diego County, April 14, 1970. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call t±ie Planning Department at 438-5591. CASE FILE: APPLICANT: •PUBLISH: CT 81-24/CP-6(A) ROSE GARDEN PARTNERSHIP JUNE 27, 1981 CITY OF CARLSBAD PLANNING COMMISSICN CASE NO. j:X/^5:^'i/C£Cf/^ 2075 LAS PALMAS DRIVE M-^O/ TELEPHONE CARLSBAD, CA 92009-4859 ^^^i^^Jm (619)438-1161 Citj) of Carl£fbab DEVELOPMENT PROCESSING SERVICES DIVISION February 2, 1987 Mr. C. A. Winetrout 707 S. Sierra Solana Beach, CA 92075 BARRINGTON PLACE (CT 81-2i^) Dear Mr. Winetrout: Your request to continue work on Lots 1 and 10 has been reviewed by City staff. Lot 10 has been determined to be in substantial conformance with the original approval. Lot 1 has been moved to the west approximately six feet when compared to the original approval. As we discussed today and per previous correspondence dated January 29, 1987, unless a site plan is resubmitted that coincides with the approvals granted on CT 81-2'f, you will be required to submit your proposed revisions to the Planning Commission. If you are to be included on the next Planning Commission Agenda (February 18, 1987) ten (10) copies of the new site plan, floor plan, and elevations should be in our office no later than 5 p.m., February 9, 1987. If I may be of any further assistance do not hesitate to contact me. Sincerely, BRIAN HUNTER Associate Planner BWH:bn 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 January 30, 1987 TELEPHONE (619) 438-1161 Citp of taxlsihah BUILDING DEPARTMENT Mr. Martin Alliger 7385 Alicante Road Carlsbad, California 92009 SUBJECT: 7385 ALICANTE ROAD Dear Mr. Alliger: It has come to our attention that the garage at the above referenced address was converted to living space without proper approval or permit. This letter is being written, as per our conversation, on January 30th, 1987, to inform you of the need to reconvert the garage to its original intended use, that is, for off-street parking. Thirty days from the date of this letter is a reasonable length of time in which to conclude the task. If for some reason you cannot meet this deadline, please make written application to this office for an extension. If you have any further questions regarding this matter, please contact the undersigned at 438-1161. c: Martin Orenyak, Community Development Director Tony Mata, Principal Building Inspector ^ian Hunter, Developmental Processing Services MAH:dm 2075 LAS PALMAS DRIVE M^fcji/ (IM TELEPHONE CARLSBAD, CA 92009-4859 m^^LnZ.^ (619)438-1161 Citp of CarliSbab COMMUNITY DEVELOPMENT January 29, 1987 Mr. C. A. Winetrout 707 S. Sierra Solana Beach, CA 92075 BARRINGTON PLACE (CT 81-24) Dear Mr. Winetrout; This letter is sent as a follow up to our discussion yesterday relative to CT 81-24, a residential project located at 7397 Alicanti Road. Review of our records and a subsequent field check revealed that the construction as currently proposed would be in violation of CT 81-24. The official map currently on file with the City of Carlsbad. It appears from the preliminary review that revisions were made to the original map that are in violation of the original approvals of the project. As previously discussed with you these are set-backs between houses; elimination of a parking place and flip-flopping of some houses that were shown on the original map. As we discussed yesterday, you have two choices. The first would be to simply resubmit a site plan that coincided exactly with the approvals granted on CT 81-24, or you can resubmit a revised site plan for Planning Commission determination and review. I might caution a review at the Planning Commission level. An approved revision would require that the plan be brought up-to-date with existing standards. This may or may not affect your project but one thing you might keep in mind is that the guest parking standards for condominiums have been changed since this map was approved in 1981 and you would have to bring the map into conformance with this new regulation along with any other revisions to the ordinance that would affect this map. Until this matter is cleared up, the red tag or stop work notice that was placed on the project yesterday is in full force and effect. It is my determination that the permits were issued in error and are not valid, however, prior to recinding the permits, we will give you an opportunity to choose one or the other options as outlined above. It is fortunate that the deviation from the plan was found prior to you investing a great deal of money in the construction in the project. It is our opinion that there are no vesting rights on the permit and it can be cancelled and all appropriate fees refunded to your firm. Mr. C. A. Winetrout January 29, 1987 Page 2 Your request to continue construction work on Lots 1 and 10 are being taken under consideration. In reviewing your request and the original CT 81-24, it is apparent that they may be in conformance with the original map, however, staff will have to continue researching this and make that determination. I have discussed the matter of both the stop work notice and your request to continue construction on the two aforementioned sites with our City Attorney. He has agreed to look into the matter and give me his recommendation as soon as possible. Sincerely, MARTI Director MO:hmj C: Mayor Councilmembers City Manager City Attorney Planning Director L —.A I • L.2 Li >^ Lr^\ y y v.:.' REQUEST • Zone Qiange • Gp«eral Plan 7imendrn£a:it iK^tentative Tract Map n Planned Unit Develoraient • Maj03' (Zfordomirium Permit • Minor Condominium Pennit • Master Plan • Precise Development Plain • Specific Plan • site Developnent Plan • Conditional Use Perirdt • Variance • Planning Caiinu-Ssion Detemrination • Special Use Pcrtnit Complete Dascription of project (actach additional sheets if necessary/) 23 Unit. Coidominium Project was previously approved, this map 1s to separate the project Into two lots for financing and phasing purposes, I/jcat-ion or Project West corner of Alicante Road and Zamora Way, and Almaden Lane legaj. Description (coirip]-ete) All of Lot 3 of La Costa Vniage, City of Carlsbad '""Assessors Parcel Isteaber 215-231-52 Zone Cieneral Plan Existing Lard Use RDM 10 -20 Residential Vacant Proposed Zona Proposed General Plan Site Acreage RDM 10 -20 Residential 2.85 (Dwner Applicant Nairs (Prj.nt or Type) Rose Garden Partnership ISiaine (Print or T^'pe) Sillman/Wyman & Associates, Inc. Mailang Address 7690 El Camino Real flailing Ad..aress 9373 Hazard Way, Suite 204 City and State Zip Telephone Carlsbad, CA 92008 438-5111 City and Stale Zip Telephone San Diego, CA 92123 560-0944 I CERTIFY THAT I m. IKE LICG.AL Qi'JNER Ai\D THAT ALL TIIE ABOVE 1TJF0RMA'],'10N IS TRUE -AINID CORRECT TO 'fflE BEST OI-' MY KI«VLEDGE I CER'ITFy TPAT I AM 'illE avNER'S PJiIl=RtEENTIVS AND TrlAT ATX TT-ff; mjTE. E-JFOrmTION IS TRUE A!© CORRECT TO IHE BEST 01' KNOVJLEDGE SiamTCI^E DATE Pvite /ippl ica tior, Rec'd |. Rej?fewf<] By .^^^.^lll 1-^^ Pate A>r.\l icacion Kti-coived "lAHTRE ^Fees Rect^i DATE St.atf Ai5Sicmeci I Case tfciiv.j.^ Rc-Cf:jpt Vo 0^ .J If after the informatioK^ou have submitted has been re^^'^'ed, it is determined that further information is required, you will be so adviy*d.d. APPLi'CANT: Rose Garden Partnership AGENT: Name (individual, paz'tnership, joint venture, corporation, syndication) 7690 El Camino Real, Carlsbad. CA 92008 Business Address 438-5111 Telephone Number Bruce H. Wyman Name 9373 Hazard Way, Suite 204, San Diego, CA 92123 Business Address 560-0944 . Telephone Number MEMBERS; Name (individual, partner, joint venture, corporation, syndication) Home Address Business Address Telephone Number Telephone Nmiiber Name Home Address Business Address ?elephone Nioiaber Telephone Number (Attach more sheets if necessary) I/VJG declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be' relied upon as being true and correct until amended. 9 CASE NO. cr ^5^A) /CP-6 (A) DATE RECEIVED: V21/81 APPLICANT; ROSE GARDEN CORPORATION REQUEST: Separate project into two lots for financing and phasing ENVIRONMENTAL EXEMPT OR EXCEPTED: Posted: '5 - % 1 Filed: NEGATIVE DBCLARATiaJ: Posted: HSIVIICNMENTAL IMPACT REPORT: Notice of Preparation: PLANNING OaayilSSICTJ 1. Date of Hearing: 2. Publication; 6 ' 3.1 - 81 Prior Cdtipliance: Published: Nbtdce of Ccmpletion: 7- Published; Ce>'(S-d I Filed: 6- g - g ( NDtice of Determination: Notice of Detennination: 3. Notice to Property Owners: 6-3.6-^1 4. Resolution Nb. / S ^I*^] (Continued to:_ 5. j^^al: ' ACTION; A^^rt>yJ9<Jl CITY COUNCIL 1. Date of Hearing: - B' 1 2. Notices to City Clerk; 7" ^' 'S \ 3. Agenda Bill; G*?S' 4. Resolution Nb. 5. Ordinance No. Date: Date: ACTION: OORRESPCM)ENCE Staff Report to Applicant: Resolutdon to Applicant: