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HomeMy WebLinkAbout1981-09-01; City Council; 6731; 21 Unit Tentative Map & Condominium PermitAGENDA BILL INITIAL: BH:ar AGENDA BILL DATE: DEPARTMENT: NO: fc Y O I SEPTEMBER 1, 1981 PLANNING DEPT CTY. CTY. . HD. (J| ATTY. > MGR. sj A- 4 — \& rr — CiFA^^<&v^ UNIT TtlJrATlvE TRACT MAP AND CONDOMINIUM PERMIT; EAST SIDE OF CARLSBAD BOULEVARD BETWEEN TAMARACK AVENUE AND SEQUOIA AVENUE. CASE NO: CT 81-22/CP-168 APPLICANT: MOIR DEVCO STATEMENT OF THE This item is a request for approval of a 21 unit condominium project on a .8 acre parcel located as described above. The project's density would be 26 dwelling units per acre which is just above the mid-range of the general plan designation of 20 to 30 dwelling units per acre designated for this site. The Planning Commission found that this project meets all development standards and design criteria of the Condominium Ordinance. Also, the Planning Commission felt that the proposed density of 26 dwelling units per acre could be justified based on the project's amenities. During the public hearing, several surrounding residents spoke in opposition to this project. Their primary concern was the lack of parking in the vicinity and that approval of this project would compound the problem. The Commission indicated that this project would not increase the parking problem in that area because all required and guest parking would be provided on-site. As a result of other concerns expressed by these residents, the Commission added a condition of approval requiring that all lighting on the property be directed inward and not reflect on adjacent properties. 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 9, 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 81-22/CP-168, per Planning Commission Resolution No. 1846. ATTACHMENTS T. PC Resolution No. 1846 2. Staff Report dated August 12, 1981 w/attachments DENIED 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 PLANNING COMMISSION RESOLUTION NO. 1846 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 21 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN TAMARACK AVENUE AND SEQUOIA AVENUE APPLICANT: MOIR DEVCO CASE NO; CT 81-22/CP-168 WHEREAS, a verified application for certain property, to wit: » Lots 1, 2, 3, 4, 5 and 20 in Block H of Palisades in the City of Carlsbad according to Map thereof 1747 filed February 5, 1923. 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 12th 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? and 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 APPROVAL of CT-81-22/CP-168, based on the following findings and subject to the following conditions: it 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 Findings 1) The project is consistent with the city's General Plan since the proposed density of 26 du's/acre is within the density range of 20-30 du's/acre specified for the site as indicated on the Land Use Element of the General Plan and can be justified for the reasons stated in the staff report. 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 pro- posed. 3) The project is consistent with all ,city public facility pol- icies and ordinances since: a) The Planning Commission has, by inclusion of an appro- priate condition to this condominium permit and tentative subdivision map, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In additionr 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 condominium 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 tentative map and condominium permit approval. b) School facilities will be available to this project as indicated by the Carlsbad Unified School District per letter dated June 4, 1981. c) Park-in-lieu fees are 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. The proposed project will be compatible with future land uses in the area since all of the surrounding properties have been designated for high density residential development. 4) PC RESO 1846 -2- 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 5) This project will not cause any significant environmental impacts and a Negative Declaration was issued by the Planning Director on July 9, 1981 and approved by the Planning Commis- sion on August 12, 1981. General Conditions 1) Approval is granted for CT 81-22/CP-168, as shown on Exhibits "A - M", dated July 21, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these condi- tions. 2) This project is approved upon the express condition that the final map shall not be approved unfess the City Council finds as of the time of such approval that sewer service is avail- able to serve the subdivision. 3) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This condition shall be placed on the final map. 4) 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 T, 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. 5) 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. 6) 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 issu- ance . Planning Department Conditions 7) 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. 8) The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said PC RESO 1846 -3- 1 2 3 10 11 12 1' 24 25 26 27 28 CC&R's shall be submitted to and approved by the Planning Department prior to final map approval. 9) The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 10) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 11) Any signs proposed for this development shall be designed in conformance with the city's Sign Ordinance and shall require review and approval of the Planning Department prior to in— stallation of such signs.* 12) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Direc- tor. 13) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Building Direc- tor.13 14) All exterior lighting shall be directed inward and not reflect onto adjacent properties. This condition shall be met to the satisfaction of the Planning Director prior to occupancy of any units. 15) A security gate shall be placed on the top of the stairway located on the south side of the project. Said gate shall allow entry to residents only, however, shall allow free exit to residents and guests. The type of gate shall be subject to the approval of the Building Official prior to the issuance of a building permit. Eng ineer ing Department Cond i t ions 16) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 22 grading for this project is defined as "regular grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any re- quired erosion control measures. The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. 18) Prior to issuance of a grading permit, the haul route shall be submitted for review and shall be approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. PC RESO #1846 -4- 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 19) Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer. 20) Land for all public streets and easements shown on the tenta- tive map shall be dedicated on the final map and shall be granted to city free and clear of all liens and encumber- ances. 21) Direct access rights for all lots abutting Carlsbad Boulevard shall be waived on the final map. 22) All public streets shall be improved by the developer based on the typical sections shown on th^ tentative map and in conformance with City of Carlsbad Standards prior to occu- pancy of any buildings. 23) The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings. 24) The improvements to Carlsbad Boulevard and Tamarack Avenue required by these conditions and as shown on the tentative map may be revised or delayed by the posting of an appro- priate bond if found necessary and is approved by the City Engineer. 25) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.. Parks and Recreation Department Conditions 26) All landscape material shall be rated "1st sea coast exposure". 27) A minimum of twelve (12) specimen trees of the same species shall be planted prior to occupancy of any units at locations to be determined by the Director of Parks and Recreation.. PC RESO #1846 -5- 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 7 ABSTAIN: None. 8 Q MARY MARCOS, Chairman y CARLSSXD/ PLANNING COMMISSION , ATTEST: •*••*• ' T^IMES c. HAGAMANjf sacretary ARLSBAD PLANNINGyjTOMMISSION " 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rJ- ^ PC RESO #1846 -6- STAFF REPORT DATE: August 12, 1981 TO: Planning Commission FROM: Planning Department SUBJECT: CT 81-22/CP-168 - MOIR DEVCO Request for a 21 unit tentative tract map and condominium permit on property located on the east side of Carlsbad Boulevard between Tamarack Avenue and Sequoia Avenue in the RD-M zone. I. PROJECT DESCRIPTION The applicant proposes to construct a 21 unit condominium project on a .8 acre parcel located as described above. The project site consists of a number of parcels with a single family dwelling on the southernmost parcel. The subject property gently slopes to the west until it gets close to the surrounding streets, then it slopes down steeply from a few feet to nearly fourteen feet at the southwesterly corner of the property. The proposed project will result in a density of 26 dwelling units per acre which is just above the mid-range of the General Plan designation of 20-30 dwelling units per acre for this site. The property to t,he north is occupied by a resturant while the properties to the south and east are occupied by a mixture of single family residences and apartments. The project itself will consist of a three story building over an underground parking garage. All of the units will be oriented to take advantage of the ocean views offered by this site. 'Most of the common recreation area has also been oriented to take advan- taae of the views. II. ANALYSIS Planning Issues 1) Does the project conform with the development standards of the condominium ordinance? 2) Does the project conform with the design criteria of the condominium ordinance? III. DISCUSSION Development Standards All of the required resident and guest parking for this project will be provided on site. The majority of the resident parking will be provided in an underground parking garage which will be entered from Sequoia Avenue. Additional resident and guest park- ing will be provided in a ground level parking area which may be entered from Tamarack Avenue. At least 480 cubic feet of storage will be provided for each unit in storage closets located in the underground parking garage. Approximately 200 square feet of recreation area will be provided for each unit as required by the condominium ordinance. As shown by Exhibit "B", the majority of the common recreation area will be located in the northwest portion of the project. A large por- tion of the recreation area will consist of a sun deck surround- ing the Jacuzzi and an adjacent grassy area for picnics and bar- beques. A set of horseshoe pits will be located in the flat area in front of the units. As shown by Exhibit "G",.the applicant proposes to locate a wet bar and table tennis in the passageway between Unit "E" and Unit "Ar". A children's play area with a slide and sand lot will be located to the rear of the building. In addition, each of the units will have at least one patio or balcony oriented to take advantage of the ocean views. De s ig n/jCr i t e r i a As previously mentioned, this project will result in a density of 26 dwelling units per acre which is just above the mid-range of the General Plan designation of 20-30 dwelling units per acre for this site. As proposed, this project appears to meet the basic design criteria of the condominium ordinance; however, most projects that seek approval at densities higher than the minimum designated by the General Plan usually significantly exceed the development standards and design criteria of the condominium ordinance. Staff had some concerns as to whether the design of this project and the amenities provided justify.the density requested. Staff also had concerns about the size of the project in relation to the existing structures in the vicinity. At this time there are no other buildings in the neighborhood that are as high or mas- sive as this proposed project. All of the surrounding property, however, has been designated for high density residential devel- opment by the Land Use Element of the Carlsbad General Plan. Many of the surrounding properties have older single family dwellings and apartments located on them. As these properties start to redevelop, there is a strong possibility that they will develop at a density similar to the subject property. In addi- tion, the proposed project is adjacent to the beach, is served by -2- public transportation and represents an infill type project that will be constructed on a vacant lot relatively close to the center of town. Staff believes, therefore, that the location and potential future development of the surrounding area justifies the density of the project. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration, dated July 9, 1981. V.. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Planning Director and adopt Resolution No. 1846 recommending APPROVAL of CT 81-22/CP-168 to the City Council based on the findings and subject to the conditions contained therein. ATTACHMENTS Planning Commission Resolution No. 1846 Location Map Background Data Sheet Disclosure Form Environmental Documents Exhibits "A - M" dated July 21, 1981 MGH:wl 7/29/81 -3- CASE NO. iI8L22/CE168 A P P LIC A NT.; VICINITY MAP., ... BAg<GROUND DATA SHEET CASE NO:CT 81-22/CP-168 APPLICANT: Moir Devco . REQUEST AND LOCATION: Tentative tract map and condominium permit to construct 21 units on the east side ot Carlsbad Blvd. between Tamarack Blvd. and Sequoia Avenue. LEGAL DESCRIPTION: Lots 1,2,3,4,5 and ?n in Blonlc TT of Paligarlgs aa on map 1747 filed in the county of-San Djeao Assessors Parcel Number: 206 - Oil "• 1,2,3,4.5 and 20 Acres .8 No. of Lots 6 • GENERAL PLAN AND ZONING - General Plan Land Use Designation R-H Density Allowed 20-30 du/ac Density Proposed 26,25 Existing Zone R-DM Proposed Zone Surrounding Zoning and Land Use: Zoning land Use North c-2 restaurant South RD-M '" SFD East R-2, R-3 Apts. and SFD West 0-S (Beach) Beach PUBLIC FACILITIES School District Carlsbad, School letter dated June 4, 1981 Water District Carlsbad Sewer District Carlsbad .EDU's NA Public Facilities Fee Agreement, dated June 1, 1981 (Other: E1WIRONMENTAL IMPACT ASSESSMENT _x Negative Declaration, issued July -9 r. 195 J- *°9 No- E.I.R. Certified, dated Other, tnat rurtner intormatxon is required, you will bo so advised. APPLICANT: MOIR DEVCO, a California 'corporation e ^individual, partnership; joint venture, corporation, syndication) 9595 Wilshire Blvd., 10th Floor, Beverly Hills, CA 90212 SSsnsiiness Address (213) 273-7300 Telephone Number AGENT: Name Business Address Telephone Number MEMBERS: Name (individual, partner, joint venture, corporation, syndication} Home Address Easiness Address Telephone Number Telephone Number Name Home Address Address Telephone Number:Telephone Number more sferrets if I/Wfe (i&cJlaare; ismdter penalty raf picxjiiirTr tfoa-t tte iimfosiirmaittiffirai cotitaiEwsd' ins this <5is- is true and correct and tlbat it will Eema-im. turure aand ocjanrect scrad maiy be i utpon as feeing- true: amd (roanrect urautil amemdied. MOIER PEVCO,- a California corporation Applicant. Agent„ Ownor F.