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HomeMy WebLinkAbout1981-06-16; City Council; 6634; 40 Unit Tentative Map & Condominium conversion0 23. , , - tt: fr 6 3l AGENDA BILL INITIAL: BH:LS AGENDA BILL NO: fr 6? Q 7 DEPl. HD. DATE: JUNE 16, 1981 CTY. ATTY. DEPARTMENT: PLANNING CTY. MGR..? SUBJECT: CT 81-2/CP-147 - NEVIN - 40 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM CONVERSION PERMIT STATEMENT OF THE MATTER: This item is a request for a tentative tract map and condominium conversion per- mit of 40 existing apartment units located on the northwest corner of Tamarack Avenue and Jefferson Street in the RDM Zone. The Planning Commission found that this project does not meet all the requirements of the Condominium Ordinance. Specifically, the Planning Commission felt the design criteria of the ordinance could not be met as they apply to the location of storage space and recreation facilities. Also, the Commission stated that the project, when viewed in its entirety, was not a good condominium development. Sheri Sato, a former tenant, expressed opposition to the project during the pub- lic hearing. She stated that there were problems with noise, odors and storage space. No other opposition was expressed at the meeting. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is categorically exempt from environmental review according to Section 19.04.070(E) of the Carlsbad En- vironmental Ordinance. FISCAL IMPACTS If approved, the applicant is required to provide all necessary public improve- ments to serve the project. Also, the applicant has agreed to pay a public facilities fee to offset the cost of providing all other public services to the project. RECOMMENDATION Both the Planning staff and Planning Commission recommend that this application be DENIED and that the City Attorney be directed to prepare documents DENYING CT 81-Z/CP-147 per Planning Commission Resolution No. 1791. ATTACHMENTS 1. Planning Commission Resolution No. 1791 2. Staff Report, dated May 27, 1981 COUNCIL ACTION: 6-16-81 Council directed the City Attorney to prepare documents denying the application. 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 wi.t: PLANNING COMMISSION RESOLUTION NO. 1791 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO CONVERT 40 APARTMENT UNITS TO CONDOMINIUMS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF TAMARACK AVENUE, BETWEEN JEFFERSON STREET AND HIBISCUS CIRCLE. • APPLICANT: NEVIN CASE NO; CT 81-2/CP-147 WHEREAS, a verified application for certain property, to Portions of Tract 23, of Thum Lands, in the .city of Carlsbad according to Map thereof No. 1681, filed in the Office of the County Recorder-, December 9, 1915. 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, the Planning Commission did, on the 8th day of April, 1981, hold a duly noticed public hearing and a continued public hearing on May 27, 1981, as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relatincf to the Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, the Commission recommends DENIAL of CT 81-2/CP-147, based on the . following findings: APN: 204-280-31 8 9 10 11 12 recreation areas as follows: 13 1) The project does not provide the minimum 200 sq.ft. per 14 15 16 19 20 21 22 23 24 25 26 Findings; 1) That the design of the project does not conform with the Condominium Ordinance since the project does not provide the amenities required by the Ordinance in order to convert the units from apartments to condominiums and offer them for home ownership. 2) That the project does not conform to the required development standards of the Condominium Ordinance for the following reasons: A) The project does not meet the intent of the requirement of separately enclosed storage space, conveniently accessible to the outdoors since: 1) Proposed storage space is located in three separate areas and therefore not conveniently accessible. 2) Proposed storage areas are limited in their potential uses by their reduced size. B) The project does not satisfy minimum requirement for open unit of useable open recreation area. At present, the proposal consists of enclosing a larger area and not •providing useable recreational facilities. 3) That the project does not conform to the required design criteria of the Condominium Ordinance as follows: 17 A) The project is not comprehensively designed since: 18 1) The proposed storage structures are not well-integrated to the overall plan and not conveniently located with respect to individual units. 2) Proposed storage areas, to be constructed at the units were not comprehensively designed and incorporated into the units and would serve to block light and air into the units and would create an indefensible space. B) The project does not satisfy the design criteria of providing adequate open recreational areas and other pertinent amenities as follows: 1) The amount of useable recreation area is inadequate. 2) Storage area is not adequately provided nor conveniently located. .27 C RESO #1791 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 19 C) The project does not satisfy the design criteria of providing building structures and facilities which are well integrated since: j 1) Storage areas are not well-integrated, conveniently accessible or functionally useable with respect to the overall plan. 2) Storage areas, added to the units, are not well- integrated to the units themselves, as they would obstruct light and air. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 27th day of May, 1981, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION 16 IATTEST -. 17 18 JAMES C. HAGAMAN, Secretary PARLSBAD PLANNING COMMISSION 20 21 22 23 24 25 26 27 'C RESO #1791 -3- 28"