HomeMy WebLinkAbout1981-09-01; City Council; 6729; 17 Unit Tentative Map & Condominium Permitff
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AGENDA BILL NO: fe 3 DEPT. HD.
DATE: SEPTEMBER 1, 1981 CTY. ATTY. \J j"/ ")
DEPARTMENT: PLANNING CTY. MGR.
SUBJECT: 14 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM CONVERSION PERMIT;
SOUTHEAST CORNER OF PINE AVENUE AND LINCOLN STREET.
CASE NO: CT 81-25/CP-169 APPLICANT: TIBERIO/PEACOCK
STATEMENT OF THE MATTER:
This item is a request for approval to convert a 17 unit apartment project,
presently under construction, to a 14 unit condominium project, located as
described above. The applicant proposes to reduce the number of units from 17
to 14 in order to meet the stricter standards of the Condominium Ordinance. The
project's overall density would be 23.4 dwelling units per acre, slightly below
the middle of the allowable density range designated for this site.
The Planning Commission found that the project meets all development standards
and design criteria of the Condominium Ordinance. Also, the Planning Commission
felt the density of 23.4 dwelling units per acre is justified for this project.
Through staff review and Planning Commission hearing, all issues on this matter
have been satisfactorily resolved.
ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not cause any
significant environmental impacts and, therefore, has issued a Negative
Declaration, dated July 2, 1981, which was approved by the Planning Commission
on August 12, 1981. A copy of the environmental documents is on file in the
Planning Department.
FISCAL IMPACT
The applicant will provide all required public improvements to the project.
Also, the applicant has agreed to pay a public facilities fee to offset the
costs of providing all other public services.
RECOMMENDATION
Both the Planning Staff and Planning Commission recommend that this application
be APPROVED and that the City Attorney be directed to prepare documents
APPROVING CT 81-25/CP-169, per Planning Commission Resolution No: 1849.
ATTACHMENTS
T.PC Resolution No. 1849
2. Staff Report dated August 12, 1981 w/attachments
APPROVED
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PLANNING COMMISSION RESOLUTION NO. 1849
A RESOLUTION OF THE PLANNING COMMISSION OP THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
14 UNIT CONDOMINIUM CONVERSION ON PROPERTY LOCATED
ON THE SOUTHEAST CORNER OF PINE AVENUE AND LINCOLN
STREET.
APPLICANT: TIBERIO-PEACOCK
CASE NO; CT-81-25/CP-169
WHEREAS, a verified application for certain property to,
wit:
The Westerly 155 feet of Tract! 218 of Thum Lands
according to Map 1681 filed 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 T2th day of
August, 1981, hold a duly noticed public hearing 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
relating to the Tentative Tract Map and Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 81-25/CP-169, based
on the following findings and subject to the following
conditions:
Findings:
1) The project is consistent with the city's General Plan since
the proposed density of 23.7 du's/acre is within the density
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range of 20-30 du's/acre specified for the site as indicated
on the Land Use Element of the General Plan.
2) The site is physically suitable for the type and density of
the development since the site is adequate in size and shape
to accommodate residential development at the density
proposed.
3) The project is consistent with all city public facility
policies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured that the
final map will not be approved unless the City Council
finds that sewer service is available to serve the
project. In addition, the Planning Commission has added
a condition that a note shall be placed on the final map
that building permits may not be issued for the project
unless the City Engineer determines that sewer service is
available, and building cannot occur within the project
unless sewer service remains available, the Planning
Commission is satisfied that the requirements of the
public facilities element of the General Plan have been
met insofar as they apply to sewer service for this
project.
b) School facilities will be available to this project as
indicated by the Carlsbad Unified School District, per
letter dated June 22, 1981.
c) The payment of park-in- lieu fees is required as a
condition of approval.
d) All necessary public improvements have been provided or
will be required as conditions of approval.
e) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities
fee. Performance of that contract and payment of the fee
will enable this body to find that public facilities will
be available concurrent with need as required by the
General Plan.
4) The proposed project is compatible with the surrounding
future land uses since surrounding properties are designated
for residential development on the General Plan.
5) The proposed condominium project complies with the provisions
of Chapter 21.47 (Condominiums) sincet
a) The condominiums meet the design criteria of Chapter
21.47.110 as the overall plan is comprehensive, embracing
land, building, landscaping and their relationships, and
sufficient circulation and on-site amenities are
provided.
PC RESO #1849 -2-
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6)
b) Storage space, laundry facilities, open recreation areas,
parking facilities, refuse areas, separate utilities and
all other requirements of Section 21.47.130 have been met
or will be met by conditions of approval.
This project will not cause any significant environmental
impacts, and a Notice of Prior Environmental Compliance has
been issued by the Planning Director on July 2, 1981 and
approved by the Planning Commission on August 12, 1981.
Conditions:
1) Approval is granted for CT 81-25/CP-169r as shown on Exhibit(s)
"A"-"G", dated June 23, 1981, incorporated by reference and on
file in the Planning Department. ^Development shall occur
substantially as shown unless otherwise noted in these
conditions.
2) This project is approved upon the excess condition that the
final map shall not be approved unless the City Council finds
as of the time of such approval that sewer service is available
to serve the subdivision.
3) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by City
Council Policy No. 17, dated August 29, 1979, on file with the
City Clerk and incorporated herein by reference, and according
to the agreement executed by the applicant for payment of said
fee a copy of that agreement dated June 22, 1981, is on file
with the City Clerk and incorporated herein by reference. If
said fee is not paid as promised, this application will not be
consistent with the General Plan and approval for this project
shall be void.
4) The applicant shall pay park-in-lieu fees to the city, prior to
the approval of the final map as required by Chapter 20.44 of
the Carlsbad Municipal Code.
5) Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable city
ordinances in effect at time of building permit issuance.
Planning
6) The applicant shall prepare a reproducible mylar of the
final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved
by the Planning Director prior to the issuance of building
permits.
7) The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
CC&R's shall include a statement to the effect that the
recreation room shall not be converted into a dwelling
unit. These CC&R's shall be submitted to and approved by
the Planning Department prior to final map approval.
PC RESO #1849 -3-
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8) The applicant shall prepare a detailed landscape and
1 irrigation plan which shall be submitted to and approved by
the Planning Director prior to the issuance of revised
2 building permits.
3 9) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
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10) Any signs proposed for this development shall be designed
5 in conformance with the city's Sign Ordinance and shall
require review and approval of the Planning Department
6 prior to installation of such signs.
? 11) All roof appurtenances, including air conditioners, shall
be architecturally integrated and«shielded from view and
8 the sound buffered from adjacent properties and streets to
the satisfaction of the Planning Department and Building
9 Director.
10 Engineering
11 12) Applicant shall submit an engineered drainage plan,
mitigating drainage problems on Pine Avenue to the
12 satisfaction of the City Engineer.
13 13) A.C. overlay on Pine Avenue and Lincoln Street shall extend
past existing centerline of roads if necessary to provide
14 adequate drainage and traffic control.
15 14) Lincoln Street and Pine Avenue shall be improved by the
developer along the subdivision frontage based on a
1^ centerline to curb face width of 20 feet and in conformance
with city of Carlsbad standards prior to occupancy of any
17 buildings.
18 15) The developer shall install a wheelchair ramp at the public
street corner abutting the subdivision in conformance with
19 city of Carlsbad standards prior to occupancy of any
buildings.
20
Fire Department21 | ^
16) Proposed security gate systems shall be provided with
22 "Knox" key operated override switches, as specified by the
Fire Department.23
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on
the 12th day of August, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Rombotis, Farrow,
Schlehuber, Jose and Friestedt.
NOES: None.
ABSENT: Commissioner L'Heureux.
ABSTAIN:None.
ATTEST:
Chairman
LANNING COMMISSION
re.
RLSBAD PLANtflN
retary
OMMISSION
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STAFF REPORT-
DATE: August 12, 1981
TO: Planning Commission
FROM: Planning Department
SUBJECT: CT'81-25/CP-169, TIBERIO/PEACOCK - Request for a 14-
unit Tentative Tract Map and Condominium Conversion
Permit to convert a 17-unit apartment project,
presently under construction, to condominiums on the
southeast corner of Pine Avenue and Lincoln Street in
the R-3 zone.
I. PROJECT - DESCRIPTION
The applicant is proposing to convert a 17 unit apartment project
for which building permits have been issued and construction has
begun, to a 14-unit condominium project as described above.
Presently, construction has been stopped at the foundation stage
to accommodate the outcome of this request. 'The necessity for
the reduction in total number of units was brought about by the
stricter development standards of the condominium ordinance.
The project consists of two buildings, one of which consists of 9
dwelling units and one recreation room, and the other consisting
of 5 units, 3 of which are placed over tenant parking garages.
The tenant parking area (both covered and uncovered) is located
off a single driveway at the rear of the .60 acre lot. All
visitor parking is proposed on street. The project will result
in 23.4 dwelling units per acre, slightly below the middle of the
allowable density range for this area. The property to the north
and west are occupied by multi-unit apartment houses while that
to the south and east, by single- family houses. All surrounding
parcels are zoned R-3 and proposed for high density residential
development in the general plan.
II. ANALYSIS
1) Does the proposed conversion conform with the
development standards of the Condominium Ordinance?
2) Does the proposed conversion conform with the design
criteria of the Condominium Ordinance?
III. Discussion
The project site is a somewhat irregularly shaped corner lot
with 305 feet of frontage on Pine Avenue and Lincoln Street just
outside the perimeter of the redevelopment area of the city. On
August 19, 1980, building permits were issued to the applicant
in connection with the proposed construction of a 17-unit
apartment complex on the site. Subsequent grading for
foundation purposes was performed to accommodate the project.
At this point the applicant informed staff, of his intent to
convert the proposed apartments 'to condominiums and became aware
of the requirements of the Condominium Ordinance. To meet these
additional standards, numerous changes to the site plan were
required. The number of units was dropped to 14 to conform with
the parking and storage requirements. Additionally, a Jacuzzi
and barbeque picnic area, as well as the conversion of a unit to
a recreation room improved the recreation aspect of the
development standards.
As proposed, each unit (all flats) will possess a minimum of 480
cubic feet of storage space, most of which is provided in the
garages, and 250 square feet of recreation area per unit. This
recreation area includes a common sun deck, recreation room,
Jacuzzi, and centralized picnic area. Additionally, each unit
will possess one garage and one uncovered parking space. These
tenant spaces will take access off a single drive to the rear of
the project. A decorative 6 foot high masonry trash enclosure
will be located toward the rear of the driveway. All visitor
parking is to be located on street. Six visitor spaces are
required and eleven spaces can be accommodated on the two
streets. At this particular location, staff does not anticipate
visitor parking to be a problem. Staff feels that this project
meets all the development standards of the Condominium
Ordinance.
Des ign Cr iter i a
The proposed project also satisfies all design criteria aspects
as defined in the Condominium Ordinance. The project appears
basically well-designed and will be compatible with other land
uses in the area. The common recreation area is a centralized
focal point of the project and is easily accessible to all
units. The only asphalt paving on the project will be the
driveway at the less conspicuous rear of the project. An old,
large pine tree which dominates the north-west corner of the
site will be saved and will add to the privacy of the project.
The Land Use Element of the General Plan specifies high
residential density for this and surrounding property (20-30
du/ac). Staff feels that the proposed density for this
development at 23.7 du/ac is both justified and desirable for
this project in this area of the city.
IV. ENVIRONMENTAL•REVIEW
The Planning Director has determined that the environmental
impacts of this project were addressed in previous environmental
documents and therefore has issued a Notice of Prior
Environmental Compliance on July 2, 1981. A copy of the previous
environmental documents is on file in the Planning Department.
V. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the
Notice of Prior Environmental Compliance issued bythe Planning
Director and adopt Resolution No. 1849, recommending APPROVAL of
CT 81-25/CP-169, to the City Council based on the findings and
susbject to the conditions contained therein.
ATTACHMENTS
1. PC Resolution No. 1849
2. Location Map
3. Background Data Sheet
4. Disclosure Form
5. Notice of Prior Environmental Compliance
6. Exhibits "A" through "G", dated June 23, 1981
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A P PI IC A N TJJhejio^Peacock VICINITY MAP
BACKGROUND DATA SHEET
N0: CT 81-25/CP-169
APPLICANT: TIBERIO/PEACOCK
REQUEST AND LOCATION: Tentative Tract Map and Condominium Permit to
'convert a 17 unit apartment complex to a 14 unit condominium comp'lex
southeast corner of Pine Avenue and Lincoln Street.
LEGAL DESCRIPTION: The westerly 155 feet of Tract 218 of Thum Lands
according to Map 1681 filed December 9, 1915.
Assessors Parcel Number: 204 _ 062 - 01
. sq.ft. .
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GENERAL PLAN AND ZONING
General Plan Land Use Designation R~H
Density Allayed 20~30 Density Proposed 23>;!
Existing Zone R"3 • Proposed Zone N//A
Surrounding Zoning and Land Use:
Zoning Land Use
North R-3
South R~3
East R-3
West R~3
School District
PUBLIC FACILITIES
Carlsbad
T-I ^ ^- j. • j. CarlsbadWater District
Carlsbad . 17Sewer District . EDU's
Public Facilities Fee Agreement, dated June 9, 1981
(Other:
ENVIROI-MENTAL IMPACT.' ASSESSMHMT
X Negative Declaration, issued Jan. 16, 1980 Log No. 632
E.I.R. Certified, dated '
Other, Notice of Prior Compliance, -dated July 2, 1981
after the information^you have submitted has been
that further informatici/*% required, you will be so
APPLICANT:
AGENT:
r it is determined
Tiberio - Peacock (Partnership) •___ •• ^ _ ^ -. ••
Name (individual, partnership, joint venture, corporation,, syndication)
10620 Firestone Blvd. Norv/alk, CA 90650 . •
Business Address
(213) 868-2221 (213) 821-0201
Telephone Number
Name
•MEMBERS:
Business Address
Telephone Number
Nello Tiberio
Name -(individual, partner, joint
venture, corporation, syndication)
4200 Via Dolce ISO
Marina Del ftey, CA 90291
Home Address
P.O. Box 45851 Los Angelest CA 90045 Coy as above)
Business Address
(213) 821-0201 (213) 821-9977
Telephone Number
James C. Peacock
Telephone Number
6324 Bayshore Walk
Long Beachr CA 90803
flattie Home Address
•10620 Firestone Blvd. Norwalk, CA 90650
Business Address
(213) 868-2221 (213) 439-5173
Telephone Number Telephone Nurober
. '(Attach more sheets if necessary) ^~~
I/We 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.
jrio-Peacock S^)
.pplicant
Agent, Ov;ner, Partner