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
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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
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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
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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-
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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-
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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-
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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
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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
7 ABSTAIN: None.
8
Q MARY MARCOS, Chairman
y CARLSSXD/ PLANNING COMMISSION
, ATTEST:
•*••*• ' T^IMES c. HAGAMANjf sacretary
ARLSBAD PLANNINGyjTOMMISSION
"
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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
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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
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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.