HomeMy WebLinkAbout1979-04-03; City Council; 5350-2; Tract Map and Condominium PermitCITY OF CARLSBAD
Initial--AGENDA BILL NO: ^i3*S~O -I^^JO^^^A _ J~ * c£ Dept. Hd. I
DATE: April 3, 1979 _ _ Ct*' Attv
Cty. Mgr.
DEPARTMENT: Planning
SUBJECT:Tract Map and Condominium Permit for Sand Trap Condominium
Case No. CT 77-18(A) and CP-1; Reference: AB 5350
Applicant; Jerry Linguiti
f
Statement of the Matter
The original CT 77-18 was approved by the City Council per
Resolution No. 5348. It was for a 19. unit condominium, however,
the applicant was only able to secure 16 sewer permits from
Leucadia County Water District. Therefore the Council only
approved a 16 unit development at that time. Condition No. 3 of
Resolution No. 5348 stated that "this approval is for a 16 unit
project. Approval of additional units shall require an approval
of a new subdivision map showing the total project."
Since the approval of the original CT 77-18, the City adopted
the condominium standards which require processing through a
condominium permit. Staff determined that since the 16 units
. had already been approved for condominiums earlier that the new
tract and the condominium permit would only pertain to the 3
additional units.
The 3 proposed units meet all requirements of the condominium
ordinance. The Planning Commission recommended approval of
the revised tract map and the condominium permit.
Exhibits
Staff Report dated March 14, 1979
Planning Commission Resolutions #1499 and #1500
Recommendation
If the City Council concurs with the Planning Commission's
recommendation, you should direct the City Attorney to prepare
documents APPROVING CT 77-18(A) and CP-1 as per Planning
Commission Resolution Nos: 1499 and 1500.
Council Action:
4-3-79 Council directed the City Attorney to prepare documents approving
CT 77-18(A) and CP-1 as per Planning Commission Resolution Nos.
1499 and 1500.
P.C. DATE:
DATE TYPED:
TO:
FROM:
RE:
CASE NO.:
APPLICANT:
REQUEST:
STAFF REPORT
March 14, 1979
March 7, 1979
Planning Commission
Planning Department
Sandtrap Villas
/
CT 77-18(A)
G. J. Linquiti
REVISION OF TENTATIVE MAP CT 77-18 AND APPROVAL
OF A CONDOMINIUM PERMIT TO ALLOW THREE ADDITIONAL
UNITS '
BACKGROUND;
Location and Description of Property
The subject property is located on the west side of Jerez Court,
north of Gibralter in La Costa. There are 16 units under construc-
tion on the 1.15 acre parcel. The rear of the property faces part
of the golf course.
Existing Zoning
Subject Property:
North:
South:
East:
West:
Existing Land Use;
Subject Property:
North:
South:
East:
West:
RDM (20-30 du/acre)
PC
RDM
PC
PC
Condominiums under construction
Condominium
6 unit condominium
24 unit condominium
Golf course
Environmental Impact Information
The subject property has been processed through environmental
pursuant to Title 19 of the Carlsbad Municipal Code and the
State EIR guidelines. A Declaration of Negative Environmental
Effect was posted on January 3, 1978, based on the following
findings:
1) The project will be constructed in an existing urbanized
area.
2) The subject site is devoid of any significant wildlife
or vegetation.
General Plan Information
The Land Use Map of the General Plan designates the subject pro-
perty as Residential-High Density CRH 20-30 du/acre). The projecty
density is 16.5 du/acre and therefore condorms to the General
Plan.
Public Facilities
All public facilities are available for this project. The original
16 units had sewer permits at the time of approval of CT 77-18.
Sewer permits have been obtained for the three new units from
Leucadia County Water. District. The applicant has paid school
fees to the Encinitas Union School District and San Diego Union
High School District.
Past History and Related Cases • .-
Condominium Ordinance, City Council Resolution. No. 9516.
The City Council adopted a condominium conversion ordinance on
September 19, 1978, which added Section 21.47 to the Carlsbad
Municipal Code. This section regulates development standards
for new condominiums and condominium conversions. The standards
include setbacks, parking requirements/ guest parking areas, stor-
age space, open recreation areas, laundry areas and refuse collection
facilities. This section requires that all condominium projects or
conversions apply for a condominium permit. Staff will designate
all applications for condiminium permit as CP and give a number.
This application will be referred to as cp-l.
CT 77-18, City Council Resolution No. 5348
CT 77-18 was the original tentative map for this project. The
conversion of a 16 unit to a condominium was approved on March 21,
1978. The applicant requested a 19 unit conversion, but had
sewer for only 16 units. Therefore, one condition of approval
was that any additional units would require a new tentative map
on the entire project. Since this tentative map was approved
before the condominium ordinance was adopted, the ordinance does
not apply to these units.
c
Major Planning Considerations
1. Does this tentative map meet all the requirements of
Title 20 and the Subdivision Map Act?
2. Do the three new units meet the requirements of the
condominium ordinance, Section 21.47?
DISCUSSION
CT 77-18 approved the conversion of an apartment complex to 16
condominium units. One condition of approval required a new
tentative map for the entire project if any units were added.
This project is a revision of the original 16 unit tentative map
and contains three additional units.
Since the first tentative map was approved, the City has adopted
a condominium ordinance which regulates development standards for
condominiums. The City Attorney has determined that this ordinance
applies only to the three new units. These additional units must
meet all the requirements of the condominium ordinance. An applica-
tion for a condominium permit has been submitted and must be approved
concurrently with the.approval of the tentative map.
BY applying the development standards to the last three units only,
this project meets, all the requirements of the condominium ordin-
ance. Each unit has the required 480 cubic feet of storage. This
storage is in the garage and laundry room and is accessible to the
outside. All units, including the original 16, have individual
laundry facilities. There are two centralized refuse collection
areas for all 19 units and each unit has individual utility meters.
The parking requirements for the last three units are two per
unit as well as two guest parking spaces. The project has a
total of 11 guest parking spaces and all 19 units have two car
garages. The landscaping of the parking areas will be included
as part of the approval of the landscape plan. All parking areas
have been properly screened.
The condominium ordinance requires 200 square feet of open
recreation area per dwelling unit. Each unit has a balcony in
addition to the open recreation areas to the rear and sides of the
project. The rear of this project faces part of the golf course
which will contribute to the "open atmosphere" desired for condo-
minium projects.
RECOMMENDATION
Staff recommends Approval of CT 77-18(A) based on the following
findings and subject to the following conditions.
FINDINGS
1. The proposed.map is consistent with the General Plan.
The Land Use Map designates the property for residential
high density (20-30 du/acre) and this project will be
16.6 du/acre.
2. The site is suitable for the proposed development
because:
a. A 16 unit condominium complex is under construction
on this site.
b. The property has sufficient street access.
c. The site has on site recreation areas and is located
adjacent to a golf course, which will provide per-
manent open space and recreation.
3. The proposed development is compatible with the surround-
ing areas. There are condominiums on three sides and a
golf course on the fourth.
4. The proposed tentative map is consistent with applicable
City Public Facilities Policies because:
a. Sewer service is available for all 19 units. The
three additional units have valid sewer permits
from the Leucadia County Water District.
b. The applicant has paid school fees to the Encinitas
Union and San Dieguito Union High School Districts.
c. One condition of approval requires that park-in-lieu
fees be paid prior to approval of occupancy.
5. The three new units meet all the requirements of the
condominium ordinance, Section 21.47. (The original 16
units are not subject to this ordinance.)
6. The tentative map meets all the requirements of Title 20
and the Subdivision Map Act.
CONDITIONS
1. CT 77-18 (A) is approved as shown on Exhibit "A", dated
March 14, 1979, and described in the application. Any
substantial alterations to this plan shall be submitted
as revisions to the tentative tract.
2. All requirements of Section 21.47 (condominium ordinance)
shall be met prior to issuance of building permits.
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3. The landscape and irrigation and recreation plan will
be approved by the Planning Director prior to issuance
of building permits and all landscaping and recreation
improvements shall be completed before approval of final
occupancy. Any significant alterations to this plan
must be approved by the Building Director.
4. The private driveway shall be designated as a fire
access land. "No parking - Fire Lane" signs shall be
installed along the driveway. Enforcement will be by
the Fire Department.
5. No signs or advertising of any type whatsoever shall
be erected or installed until plans therefore have
been approved by the City of Carlsbad. The provisions
of Section 21.44, the Sign Ordinance, must be complied
with prior to approval of occupancy.
Attachments
Location Map
Resolution No. 5348, dated March 21, 1978; CT 77-18 Tentative
Map Approval.
KJL:ar
3/9/79
CT-77-I6A
LINQUITI
3/H/T?
CASE NO^T-T"?- If) >*%. Pate Rec'd_
Description of
DCC Date:
fSllPpWfe)nr4
PC Date ?)/U4 /"TO
E*F=RM»T APP)
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Address or Location of Request;/^QUFST
Applicant; /-i
_-----
PS.
Engr. or Arch.
Brief Legal:j HtsilT" Kin. 5 , MAP /V/3/rV?J
Assessor Book:__
General Plan Land Use Description:
Existing Zone:
Acres: LA'S)
Pago:Parcel;
l4lAvA
Proposed Zone :
No. of Lots:DU'S DU/Acre 1 //,.«=>
School District:
Water District:
Coast Permit Area:
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orerSanitation District; LE\
FORM PLANNING 52
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RESOLUTION NO, 5348
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE MAP (CT 77-18)
FOR CONVERSION OF AN APARTMENT COMPLEX
TO A 16 UNIT AIRSPACE CONDOMINIUM ON
1.15 ACRES OF PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF JEREZ COURT, NORTH OF
GIBRALTOR IN LA COSTA SOUTH, UNIT NO. 5.
APPLICANT; G. J. LINQUITI.
WHEREAS, on February 8, 1978, the Carlsbad City Planning
iCommission adopted Resolution No. 1434 recommending to the City
Council that Tentative Map (CT 77-18) be conditionally approved;
and
WHEREAS, the City Council of the City of Carlsbad on March 7,
1978 considered the recommendations of the Planning Commission; and
WHEREAS, the Planning Director has determined that said
Tentative Subdivision Map will have a nonsignificant impact on
the environment and a Negative Declaration has been prepared and
filed in satisfaction of the requirements of the City of Carlsbad
Environmental:Protection Ordinance of 1972 and the California
Environmental Quality Act;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows: • '
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in Resolution
No. 1434 constitute the findings of the City Council in this matter.
C. That said Tentative Subdivision Map, together with the
provisions for its design and improvement and subject to the
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conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
D. That Tentative Subdivision Map (CT 77-18). is hereby
approved subject to all applicable requirements of the Carlsbad
Municipal Code and to the satisfaction of the following conditions:
.
1. Approval is granted for the land described in the
application and any attachments thereto, and as shown
on the plot plan submitted labeled Exhibit C, dated
February 8, 1978, on file in the Planning Department
and incorporated by reference herein.
2. Park-in-lieu fees shall be paid to the City prior to
approval of the final map.
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3. This approval is for a 16 unit project. Approval
of additional units shall require an approval of a
new subdivision map showing the total project.
4. A recreational and landscape plan is to be approved
by the parks and recreation director that includes
the area of the deleted units. The plan is to
contain temporary landscaping provisions for the
area designated as phase 2, and as well as landscaping
and recreation uses for phase 1 acre. All recreation
area and landscaping shall be fully installed prior
to approval of the occupancy of the units.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 21st day of "March , 1978
by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Anear and
Counci 1 woman Casler
NOES: None
ABSENT: None /•"*"? . /-"> /;
M~M£ ^A../
RONALD C. PACKARD, Mayor
ATTEST:
V/1':^€^X y. /%/J,,?i^/
MARCfAR];;!' E. ADAMS," <pity Clerk
/ . .
(SEAL)
2.
C .3
PLANNING COMMISSION RESOLUTION NO. 1499
o
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
g OF CARLSBAD, CALIFORNIA, APPROVING THE CONVERSION
OF AN APARTMENT COMPLEX TO A 19 UNIT AIRSPACE
CONDOMINIUM ON 1.15 ACRES GENERALLY LOCATED ON THE
WEST SIDE OF JEREZ COURT, NORTH OF GIBRALTER.
CASE NO.: CT 77-18(A)
APPLICANT: G. J. Linquiti
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WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commisison; and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code
the Planning Commission on the 14th day of March, 1979,
considered said application on property described as:
Lots 330 through 410 of La Costa South, Unit No. 5,
according to Map No. 6600 filed in the Office of the
County Recorder of San Diego, California, March 10,
1970, and filed as Document No. 42915.
17 WHEREAS, the City of Carlsbad, acting as Lead Agency, has
18 processed said property through environmental guidelines pursuant
to Title 19 of the Carlsbad Municipal Code and the State EIR
guidelines. A Declaration of Negative Environmental Effect was
posted on January 9, 1978, based on the following findings:
1. The project will be constructed in an existing urbanized
area.
2. The subject site is devoid of any significant wildlife or
vegetation.
WHEREAS, at said Planning Commission hearing a staff report
was submitted and reviewed. At the conclusion of said hearing
after consideration of all evidence presented, the Planning
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b. The property has sufficient street access.
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8 open space and recreation.
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Commission found the following facts and reasons to exist:
1. The proposed map is consistent with the Genral Plan. The
Land Use Map designates the property for residential high
density (20-30 du/acre) and this project will be 16.6 du/acre
2. The site is suitable for the proposed development because:
a. A 16 unit condominium complex is under construction on
c. The site has on site recreation areas and is located
adjacent to a golf course, which will provide permanent
The proposed development is compatible with the surrounding
areas. There are no condominiums on three sides and a golf
course on the fourth.
The proposed tentative map is consistent with applicable
City Public Facilities Policies because:
a. Sewer service is available for all 19 units. The
three additional units have valid sewer permits from the
Leucadia County Water District.
b. The applicant has paid school fees to the Encinitas Unio
and San Dieguito Union High School Districts.
16 c. One condition of approval requires that park-in-lieu
fees be paid prior to approval of occupancy.
The three new units meet all the requirements of the
condominium ordinance, Section 21.47. (The original 16
units are not subject to the ordinance)
The tentative map meets all the requirements of Title 20 and
the Subdivision Map Act.
21 WHEREAS, the Planning Commission, by the following vote
22 APPROVED CT 77-18(A), subject to certain conditions:
23 CT 77-18(A) is approved as shown on Exhibit A, dated March
14, 1979, and described in the application. Any substantial
alterations to this plan shall be submitted as revisions
to the tentative tract.
2. All requirements of Section 21.47 (condominium ordinance)
shall be met prior to issuance.of building permits.
27 3. The landscape and irrigation and recreation plan will be
2Q approved by the Planning Director prior to issuance of
-2-
building permits and all landscaping and recreation improve-
ments shall be completed before approval of final occupancy.
2 Any significant alterations to this plan must be approved
by the Planning Director.
2
4. The private driveway shall be designated as a fire access
lane. "No parking - Fire Lane" signs shall be installed
along the driveway. Enforcement will be by the Fire Depart-
K ment.
5. No signs or advertising of any type whatsoever shall be
erected or installed until plans therefore have been approved
by the City of Carlsbad. The provisions of Section 21.44,
the Sign Ordinance, must be complied with prior to approval
for occupancy.
9 AYES: Rombotis, Marcus, L'Heureux, Jose, Schick, Larson
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ABSENT: Wrench
NOES: None
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NOW, THEREFORE, BE IT RESOLVED that the foregoing recitations
are true and correct.
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ATTEST:
19"
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STEPHEN M. L'HEUREUX, Chairman
CARLSBAD PLANNING COMMISSION
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
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1 STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
2 JCITY OF CARLSBAD ) SS
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I, JAMES C. HAGAMAN, Secretary to the Planning
4 [Commission of the City of Carlsbad, California, do
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lereby certify that the foregoing resolution was duly
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(introduced, approved and adopted by the Planning
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Commission of the City of Carlsbad at a regular meeting
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>f said Commission held on the 28th day of March, 1979,
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ay the following roll call vote:
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AYES:
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NOES:
12
ABSTAIN:
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ABSENT:
14"
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JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
CT 77-18 (A)
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5 APPLICANT; G.J. LINQUITI
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PLANNING COMMISSION RESOLUTION NO. 1500
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING THE
CONVERSION OF AN APARTMENT COMPLEX TO A 19
UNIT AIRSPACE CONDOMINIUM ON 1.15 ACRES
GENERALLY LOCATED ON THE WEST SIDE OF JEREZ
COURT, NORTH OF GIBRALTER.
CASE NO. CP-1, SAND TRAP CONDOMINIUMS
WHEREAS, a verified application 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, pursuant to the provisions of the Municipal Code
the Planning Commission on the 14th day of March, 1979,
considered said application on property described as:
Lots 330 through 410 of La Costa South, Unit No. 5
according to Map No. 6600 filed in the Office of the
County Recorder of San Diego, California, March 10,
1970, and filed as Document No. 42915.
16 WHEREAS, the City of Carlsbad, acting as Lead Agency, has
17 processed said property through environmental guidelines pursuant
18 to Title 19 of the Carlsbad Municipal Code and the State EIR
19 Guidelines. A Declaration of Negative Environmental Effect was
20 posted on January 9, 1978, based on the following findings:
21 1. The project will be constructed in an existing urbanized
22 area.
23 2. The subject site is devoid of any significant wildlife or
24 vegetation.
25 WHEREAS, at said Planning Commission hearing a staff report
was submitted and reviewed. At the conclusion of said hearing
after consideration of all evidence presented, the Planning
XXX
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du/acre .
4 The site is suitable for the proposed development because:
5 a. A 16 unit condominium complex is under construction on
this site.
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Commission found the following facts and reasons to exist:
1. The proposed map is consistent with the General Plan. The
Land Use Map designates the property for residential high
density (20-30 du/acre) and this project will be 16.6
b. The property has sufficient street access.
c. The site has on site recreation areas and is located
adjacent to a golf course, which will provide permanent
open space and recreation.
The proposed development is compatible with the surrounding
areas. There are no condominiums on three sides of a golfi
course on the fourth. - '
The proposed tentative map is consistent with applicable
City Public Facilities Policies because:
13 a. Sewer service is available for all 19 units. The
three additional units have valid sewer permits from the
Leucadia County Water District.
15 b. ' The applicant has paid school fees to the Encinitas Union
and San Dieguito Union High School Districts.
c. One condition of approval requires that park-in-lieu
fees be paid prior to approval of occupancy.
18 The three new units meet all the requirements of the
condominium ordinance, Section 21.47. (The original 16
units are not subject to the ordinance) .
20 6. The tentative map meets all the requirements of Title 20 and
the Subdivision Map Act.
WHEREAS, the Planning Commission, by the following vote
APPROVED CP-1, subject to certain conditions:
1. CP-1 is approved as shown on Exhibit A, dated March 14, 1979,
and described in the application. Any substantial
25 alternations to this plan shall be submitted as revisions
to the tentative tract.
26 All requirements of Section 21.47 (condominium ordinance)
shall be met prior to issuance of building permits.
The landscape and irrigation and recreation plan will be
approved by the Planning Director prior to issuance of
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building permits and all landscaping and
ments shall be completed before approval
occupancy. Any significant alterations
be approved by the Planning Director.
recreation improve-
of final
to this plan must
4. The private driveway shall be designated as a fire access
lane. "No parking - Fire Lane" signs shall be installed
along the driveway. Enforcement will be by the Fire Depart-
ment.
5. No signs or advertising of any type whatsoever shall be
erected or installed until plans therefore have been
approved by the City of Carlsbad. The provisions of
Section 21.44, the Sign Ordinance, must be complied with
prior to approval for occupancy.
AYES: Rombotis, Marcus, L'Heureux,
NOES: None
ABSENT : Wrench
NOW, THEREFORE, BE IT RESOLVED that the
are true and correct.
Jose, Schick, Larson
foregoing recitations
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STEPHEN M. L'HEUREUX, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST :
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
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STATE-OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CARLSBAD )SS
I, JAMES C. HAGAMAN, Secretary to the Planning
Commission of the City of Carlsbad, California, do
hereby certify that the foregoing resolution was duly
introduced, approved and adopted by the Planning
Commission of the City of Carlsbad at a regular meeting
of said Commission held on the 28th day of March, 1979,
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION