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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. 6 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) - ,._ .. 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: l orerSanitation District; LE\ FORM PLANNING 52 o COto i c:<o. O u c 00oo en s t < s » 5 s O £ ^ " o 1-' W o . §g 8 .0« < 0 1 2 - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 20 26 27 28 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 / - a w K 5-2 0 u. z ° 5 j-j >-(-«• iij Ui (rp o ?. < £ w , COoowOl ? z. LJ K< sli. -5o „s<" c3c/>_l <a / 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 20 -^ X*^ .»*.. '"**% 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. * 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 7 19 20 21 22 23 24 25 26 27 28 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 1 5 this site. b. The property has sufficient street access. 7 8 open space and recreation. 9 10 11 12 13 14 15 17 18 19 20 24 25 26 C ' 0 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 10 ABSENT: Wrench NOES: None 22 NOW, THEREFORE, BE IT RESOLVED that the foregoing recitations are true and correct. 12 13 15 16 ATTEST: 19" 20 21 STEPHEN M. L'HEUREUX, Chairman CARLSBAD PLANNING COMMISSION JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION 23 24 25 26 27 28 16 17 18 *9 20 21 22 23 24 25 26 27 28 1 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 2 JCITY OF CARLSBAD ) SS 3 I, JAMES C. HAGAMAN, Secretary to the Planning 4 [Commission of the City of Carlsbad, California, do 5 lereby certify that the foregoing resolution was duly 6, (introduced, approved and adopted by the Planning 7 Commission of the City of Carlsbad at a regular meeting 8 >f said Commission held on the 28th day of March, 1979, 9 ay the following roll call vote: 10 AYES: 11 NOES: 12 ABSTAIN: 13 ABSENT: 14" 15 JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION CT 77-18 (A) -4- 1 2 3 4 5 APPLICANT; G.J. LINQUITI 6 13 14 15 26 27 28 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 2 5 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. 7 8 9 -|_Q 22 23 24 27 28 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 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 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 - • STEPHEN M. L'HEUREUX, Chairman CARLSBAD PLANNING COMMISSION ATTEST : JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION * • .3 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 o 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