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HomeMy WebLinkAboutPUD 92-05; Casas Del Marisol; Planned Unit Development - Non-Residential (PUD)CITY OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 ^ppLlCATIONS APPLIED FOR: (CHE^BOXES) (FOR DEPT USE ONLY) Master Plan Specific Plan precise Development Plan tentative Tract Map planned Development Permit Non-Residential Planned Development Condominium Permit Special Use Permit Redevelopment Permit Tentative Parcel Map Administrative Variance Ll General Plan Amendment Q Local Coastal Plan .Amendment f] Site Development Plan f] Zone Change [j Conditional Use Permit Q Hillside Development Permit n Environmental Impact Assessment Q Variance Q Planned Industrial Permit Q Coastal Development Permit Q Planning Commission Determination n List any other applications not specificed 2) LOCATION OF PROJECT: ON THE SOOTH SIDE OF ADAMS STREET (NORTH. SOUTH EAST, WEST)(NAME OF STREET) BETWEEN HIGHLAND DR.AND PARK DRIVE (NAME OF STREET)(NAME OF STREET) 3) BRIEF LEGALDESCRjp-noN: PorV\on 4LOT 1 o£ Block"P" o-f Map' Mo. 2/^2.. rec'd. 4) .ASSESSOR PARCEL NO(S). 5) LOCAL FACILITIES MANAGEMENT ZONE 8) EXISTING ZONING 11) PROPOSED NUMBER OF RESIDENTIAL UNITS 14) NUMBER OF EXISTING RESIDENTIAL UNITS - 200-07 6) EXISTING GENERAL PLAN DESIGNATION /<- I -15 9) PROPOSED ZONING 12) PROPOSED NUMBER OF LOTS KLM 7) PROPOSED GENERAL PLAN — 13) TYPE OF SUBDIVISION (RESIDENTIAL 'i 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE 16) PROPOSED COMMERCIAL SQUARE FOOTAGE NOTC; A PROPOSED PROJECT REQUIRING THAT MULTfflS AF?UG\nC?« BE FILED MUST Bfc StBfcffTTH) PWQR TO 3:30 fM. A. PROPOSED PROJECT REQUIRING THAT ONLY Q*« AmiOVnON BE MISD feSLffirf J£ SUBSiSTIED PWCR TO 4*0 PJ(t FRM00016 8/9O r~ 17) PE 18) PR 19) PR 20) PR 21) 22) CIT ^B LAND USE RE RCENTAGE OF PROPOSED PROJECT IN OPEN SPACE < OF CARLSBAD t^VTFW APPI irATinw pnnM 4^ ~ .-„,_„, • 37. U>^ l8;'ZoS.F OPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS J-J. Q OPOSED INCREASE IN AVERAGE DAILY TRAFFIC OJECTNAME: "Mar'lSol" C<3S3 BRIEF DESCRIPTION OF PROJECT: 3 wirh one C-ornrAon otonersh'ip !OT~ (ste i rs 1 par-'i oJ a wd be^^Vi -ProrvK IN THE PROCESS OF REVIEWING THIS APPLICATION IT PLANNING COMMISSIONERS, DESIGN REVIEW 30ARD ENTER THE PROPEJOY THAT IS THE SUBJECT OFJWS PURPOSE — X/ <f,/>vw-/ >C SS>~~~ -7 SIGNATURE * / 30 ADT'5 T^ 1 N /( • I ii> Lfe| M^r^Sol : s'm<ale -hanViU u^'i+s (de^Hacha^ //5ep5r<3re. LSTJS} over access dr\veuoaM , be<3<sh access MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND APPLICATCg{£ IWEJTONSENT TO ENTRY FOR THIS ;?*• — ^^~-^v Z^. ,s.J,s^^s*,s*~^<~ 7tr^,ci ;M 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) LAGUMA ASSOCIATES. IMC. NAME (PRJNT OR TYPE) MAILING ADDRESS ACUNJA COURT MAILING ADDRESS CITY AND STATE ZIP CARL5BAD ,CA. TELEPHONE CITY AND STATE ZIP TELEPHONE 1 CERTIFY THAT t AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 1 CERTIFY THAT ( AM THE LEGAL OWNER'S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF tiT< KNOWLEDGE. SIGNATUR£DATE FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED .00 "Z-/ O.OO TOTAL FEE REQUIRED DATE FEE PAID RECEIVED APR 1 3 1992 CITY OF CARLSBAD DATE STAMP APPLICATION RECEIVED RECEIVED BY: LX RECEIPT NO./ / •*% 7 A CITY OF CARLSBAD ^ ULLAGE DRIVE CARLSBAD, CUFORNIA 920081200 CARLSBAD-LAGE DRIVE CARLSBAD, 438-5621 REC'D FROIVL DATE. ACCOUNT NO. RECEIPT NO. ! 17* DESCRIPTION TOTAL AMOUNT .:/ JO C~PF^T PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will sta/t upon the date of the completion letter. Applicant Signature: Staff Signature: Date: 4j- To be stapled with receipt to application Copy for file PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Casas Del Marisol APPLICANT NAME: Laguna Associates, Inc. Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. SITE CONDITIONS: The subject property is located on the South side of Adams Street in the area known as "Hedionda Point" or "Whitey's Land- ing". The site slopes downward toward the water with man-made fill slopes at the edge of Adams Avenue and approximately midway into the site. City staff has indicated that the slopes greater than 25% are insignificant since they are mostly manmade, less than 15 feet in height and have an area of less than 5000 square feet. The property has very sparse vegetation and has a long history of being disturbed in conjunction with 2 boat ramps that are on the east and west property lines. There is a minor ero- sion gully that occurs due to uncontrolled urban run-off from the adjacent property on the east. The Department of Fish and Game has indicated that even though the existing configuration may constitute an illegal diversion of water it may require their approval of any proposed drainage improvements. Carolyn Dody at the Department of Fish and Game has indicated that a permit could be obtained due to the fact that the gully has no significant vegetation and is mentioned in the biology report as a "minor minuscule drainage". The only concern was that water be allowed to outlet at the same location in order to provide fresh water to the wetlands immediately off-site to the east. The proposed siltation/dissipator device should meet this requirement. PROPOSED PROJECT: The applicant is proposing a voluntary building setback of 10 feet north of the City of Carlsbad's existing 15 foot sewer easement which crosses the site. There would be no physical encroachments past the building setbacks proposed. The applicant proposes to offer any lands south of the existing sewer easement as "private open space". The applicant is also offering a 25 foot public access easement landward of the mean high tide line as required in the AQUA HEDIONDA LAND USE PLAN (Section 7.8). No development of the easement is proposed at this time due to lack of east/west connections. The requirements of section 7.8 a.) and b.) are met by the proposed development, (See sheet 2 "SITE PLAN"). The proposed units comply with all applicable sections (8.3 a), c), and d)) of the Aqua Hedionda Land Use Plan concerning building heights and roof plans. Great care was taken to design attractive homes which do not project above the road elevation of Adams Street. The buildings all use split levels extensively in order to "step down" in height. The common area between the lower units allows a view through the center of the site and produces a visual transition from the proposed open space to the developed portion of the site. The proposed roof lines are varied in order to complement the topography of the site. A color photograph of a model of the proposed development is in- cluded in the submittal. The great variation in roof design is visible in the photograph. This site has physical attributes that limit the design possibilities. The location of the private driveway entrance is at the west property line in order to maximize available sight distance. The maximum grade of 15% is utilized in an attempt to minimize wall heights and required dirt import. "Earth stone" walls are called out because the vegetation coverage possible with such walls will diminish any possible visual impacts to surrounding properties. It should be noted that essentially the same driveway design would be used for one, two or three units. The design standards of the INFILL GRADING ORDINANCE allow for the development configuration as proposed because findings can be made that this is an unusual situation. The fact that no struc- tures can have projections above the crown of the adjacent road- way forces the driveway and access to be designed as it is pro- posed. The proposed driveway meets the conditions required under policy 22 of the Carlsbad Engineering Department for "Low Use" residential driveways and the 32 foot width section allows for parking on one side (See SITE PLAN). The proposed units comply with the 30 foot height require- ments of the recently approved urgency ordinance "Resolution of Intention No. 92-7". See cross sections (Sheet 1 and 7 of Build- ing Plans/Elevations) for the elevations above existing grade that are proposed for this project. RECENT PROJECT HISTORY: The subject property was recently rezoned. On March 2, 1990 an application to change this site's General Plan and Local Coastal Plan designation from RC, Recreational Commercial, to RM, Residential Medium 4-8 du/ac was submitted to the City of Carls- bad. At their meeting on May 29,1991 the Carlsbad Planning Commission approved a General Plan Amendment and Local Coastal Plan Amendment on this site from RC, Recreational Commercial, to RLM, Residential Low Medium 0-4 du/ac. At the same time they also approved a Zone Change from RT, Residential Tourist, to R-l- 15, Residential Single Family minimum 15,000 lot size. Planning Commission Resolutions Nos. 3251, 3252 & 3253 attached. On October 1, 1991 The Carlsbad City Council adopted Resolu- tion No. 91-324 which approved The General Plan Amendment, Local Coastal Plan Amendment and Zone Change for this site that were recommended for approval by the Planning Commission at their meeting on May 29, 1991. City Council Resolution No. 91-324 and Ordinance No. NS-174 attached. DENSITY CALCULATIONS: There is a supplemental attachment to this application which outlines the manner in which the FEMA Map 100 year flood limit line was plotted. The square footage of the site that lies south of the FEMA line was determined to be 4,525 S.F. The coastal salt marsh wetlands as delineated by the biological report was found to be 589 S.F. The proposed density is 3.2 DU/AC. which would require 40,837.5 S.F. of net area. The density was calcu- lated as follows: 48,117.0 S.F. of gross area - 668.5 S.F. of proposed 5' I.O.D. 47,448.5 S.F. - 4.525.0 S.F. of area south of FEMA line 42,923.5 S.F. 589.0 S.F. of area defined as "wetlands" = 42,334.5 S.F. Net usable area for an actual density of 3.09 DU's/AC. RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder's use Parcel No.260-200-07 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 8TH day of APRIL . 19 92 by and between LAGUNA ASSOCIATES, INC. CORPORATION (Name of Developer-Owner) _, hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 2620 ACUNA COURT. CARLSBAD. CA Q?nnq (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and * WHEREAS, Developer proposes a development project as follows: 3-UNIT PLANNED RESIDENTIAL DEVELOPMENT on said Property, which development carries the proposed name of CASAS DEL MARISOL and Form Approved By City Council April 22, 1986 Reso. No. 9169 is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 13TH day of APRIL . ip9£ with the City a request for TENTATIVE PARCEL MAP APPROVAL WITH ENVIRONMENTAL REVIEW hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the -building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. Form Approved By City Council April 22, 1986 Reso. No. 9169 This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and entitlement of use" as used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Tides 18, 20, or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the Form Approved By City Council April 22, 1986 Reso. No. 9169 ^ development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall Form Approved By City Council April 22, 1986 Reso. No. 9169 4 apply to the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approved By City Council April 22, 1986 Reso. No. 9169 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: LAGUNA ASSOCIATES. INC. CITY OF CARLSBAD, a municipal corporation of the State of California GEORGE>VFLORm PRESIDENT tie) EN E. BRENDLE. VICE PRESIDENT By: MARTIN ORENYAK For City Manager ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: (Corporation) STATE OF CALIFORNIA COUNTY OF at—P I •oc3 C K T3S fi Diego ss. April 10, 1992 GEORGE FLORIT On. State, personally appeared . on the basis of satisfactory evidence) to be the known to me to be Vice President known to me to be the persons who executed Instrument on behalf of acknowledged to me that instrument pursuant to its by-laws or a of directors. WITNESS my hand and official seal. Signature before me, the undersigned, a Notary Public in and for said . President, and , personally known to me (or proved to me MH STEPHEN E. BRENDLE SfOCSGJJ of the corporation that executed the within Instrument, persons who executed the within the corporation therein named, and such corporation executed the within resolution of its board Joati 0 ' Donne 11' Name (Typed or Printed) OFFICIAL SEAL JOAN O'DONNELL NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Canmuan Exp Octotwr 2,1992 OFC-2058 EXHIBIT 'A* LEGAL DESCRIPTION Lot 7 of Block "D" of BELLAVISTA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7, 1929. EXCEPTING the Westerly 133.71 feet thereof measured at right angles from the Westerly line of said Lot. Form Approved By City Council April 22, 1986 Reso. No. 9169 Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Engineering: (619) 438-3367 Administration: (619) 438-2722 Fax: (619) 431-1601 March 18, 1992 To: Attn; Sub j : A.S.K. Company 120 Birmingham Drive Suite 110 Cardiff, California 92007 Alesandra Kornafel APN 206-200-07, Southside of Adams Street - 1st Lot East of Restaurant Near Hairpin Curve CMWD Project No. 92-C.OO (F) Responding to your request of March 13, 1992, the subject project has been reviewed by the District Engineering Department to determine if compliance with the growth management performance standard can be maintained with the proposed development. The compliance with the standard can be met subject to the following: 1. The Developer shall comply with the San Diego County Water Authority Ordinance No. 91-1 declaring the existence of a water shortage, emergency conditions and establishing procedures to preserve and allocate available water supply. For your information an excerpt from Ordinance No. 91-1, Section II, C - 13 as follows: 13. New Services Except as to property for which a building permit has been heretofore issued, no new potable water service shall be provided, no new temporary meters or permanent meters shall be provided, and no commitments (such as, will serve letters, certificates or letters of availability) to provide potable water service shall be issued, except for the following circumstances: 3/21/91REV. "Serving Carlsbad for over 35 years" Page 2 a. the commitment includes a notice that a water shortage emergency condition prevails resulting in a water moratorium and no water service is currently available; b. for projects necessary to protect the public's health, safety, and welfare; c. when it can be demonstrated that no net increase in water use will occur; or e. when a conservation offset is provided. If the Developer can qualify under the stated circumstances in Ordinance 91-1, Section II - C 13, the Developer shall be required to meet these additional conditions: 1. The entire potable and non-potable water systems for subject project to be evaluated in detail to insure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. 2. The developer's engineer shall schedule a meeting with the District Engineer and City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvemnet plans. 3. The Developer will be responsible for all fees, deposits and charges. The major facility charge and the San Diego County Water Authority capacity charges shall be collected at the issuance of the building permit. 4. The Developer shall adhere to all zone plan compliances. If you have any questions, please do not hesitate in contacting the undersigned. Very truly yours, F. Jertfy Whitley Associate Engineer FJW:jm cc: City of Carlsbad Planning Department 3/21/91 REV. Carlsbad Unified School District 801 Pine Avenue, Carlsbad, California 92008-2439 (619)729-9291 FAX* (619) 729-9685 "All Students Can Learn" BOAKD OF TRUSTEES J. EDWARD SWITZER, JR. President JOE ANGEL Vice President MARK D. PACKARD Clerk JAMES MCCORMICK Member SHARON FAITHFUL Member DISTRICT ADMINISTRATION THOMAS K. BRIERLEY, Ed.D. Superintendent SUSAN-HARUMIBENTLEY, Ed.D Assistant Superintendent Instructional Services JOHN H. BLAIR Assistant Superintendent Business Services GERALD C. TARMAN Assistant Superintendent Personnel Services CHERYL ERNST Director Elementary Education DEWAYNE L. FEASEL Manager Facilities/Maintenance/ Operations January 6, 1992 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Re: Logan Engineering. 3 condos, APN 206 200 07. Adams Street, Carlsbad, CA 92008 Our District has reviewed the proposed project located at the above-referenced location and has evaluated the impact of the development of the project on the facilities of the District. The Governing Board wishes to advise the City officials and residents of Carlsbad that, as residential units are added to the community, it is likely that many classes in the District will become crowded, resulting in possible impairment to the educational and transportation services offered to the students. It is also probable that the students generated from this project may not attend the closest neighborhood school due to over-crowded conditions, and, in fact, may attend school across town. However, the District is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. Sincerely, ofjn H. Blair Assistant Superintendent siness Services c: Sherry Pozza Distinguished School Board Award 1984, United States Department of Education