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HomeMy WebLinkAbout1982-01-19; City Council; 6870; 172 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM CONVERSION PERMIT| NORTHWEST CORNER OF HOSP WAY AND EL CAMINO REAL IN THE P-C ZONE| CT 81-41/CP 187 (SHELDON ENTERPRISES)f I 9 P o tx a a 4. .. z 0 F 0 4 2 0 z 3 0 0 ,, \ CI U OF CAWLSBAD - AGEN~~BILL AB#- TITLE: CT 81--4i/c~-187 - SHELDON ENTERPRISES DEPl DEPT. PL WAY AND EL CAMINO REAL IN THE P-C ZONE. CITY 172 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM CITY CONVERSION PERMIT; NORTHWEST CORNER OF HOSP MTG.1/19/82 RECOMMENDED ACTION: Both the Planninq Staff and Planninq Commission recommend thz this application be APPROVED and that the City Attorney be a' ted to prepare documents APPROVING CT 81-41/CP-187, per Plan Commission Resolution No. 1900. ITEM EXPLANATION This item is a request for approval of a tentative tract map condominium permit to convert 172 existing apartments (Grove Apartments) to condominiums on 10.4 acres located as describ above. The Planning Commission found the proposed project to meet a development standards and design criteria of the condominium ordinance and all requirements of the subdivision ordinance. Three of the existing tenants expressed opposition to the p~ posed condominium conversion. These people felt that there not enough rental space available in Carlsbad, therefore, ti-- would be forced to relocate to another city. After consider discussion, the Commission approved this conversion by a 4-2 vote. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will cause any significant environmental impacts and, therefore, issued a Negative Declaration, dated November 12, 1981, whic approved by the Planning Commission on December 23, 1981. , of the environmental documents is on file in the Planninq DI ment. FISCAL IMPACT The applicant will provide all required public improvements the project. Also, the applicant has agreed to pay a publi facilities fee to offset the costs of providing all other p services. ATTACHMENTS A. PC Resolution No. 1900 B. Staff Report, dated December 23, 1981 w/attachments r I e1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 18 19 20 21 22 23 24 25 a 26 27 28 0 \ 0 e PLANNJNG COKMISSION RESOLUTIOX NO. 1900 -__I A RESOLUTION OF THE PLANNJNG COMMISSION OF THE CITY OF CARLSBAG, CALIFORNIA, RECOMMENDING APPROVAL OF k TENTATIVE SUBDIVISION MAP AND CONDOXINIUM PERPUT '20 CONVERT 172 EXISTING APART PI EN T U N I T S ON P RO P E RT Y G EN E RALLY LO CAT E D ON THE NCRTIIWEST CORNER OF EL CAMIN0 REAL AND HOSP WAY. APPLICANT: SHELDON ENTERPRISES CASE NO: CT 81-41/CP-187 WHEREAS, a verified application for certain prope to, wit;: Parcel A of Parcel Map 1681 filed June 29, 1973 has been filed with the city of Carlsbad, and referred to Planning Commission; and WHEREAS, said verified application constitutes a request a.s provided by Title 21 of the Carlsbad Municipal ( and 'VJHEREAS, the Planning Cominlssion did, on the 23rd of December, 1981, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and 1 considering all testimony and arguments, if any, of all pel desiring to be heard, said Commission considered all facto] relating to the Tentative Tract Map and Condominium Permit NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan1 Commission as follows: A) That the above recitations are true and correct. E3) That based on the evidence presented at the public hear the Commission recommends APPROVAL of CT 8l-41/CP-187, on the following findings and subject to the following conditions: //// //// I i 1 2 0 3 4 5 6 7 8 9 10 11 12 * 13 14 25 3.6 17 18 19 20 21 22 23 24 25 @ 26 27 28 0 0 Findings : (Planning ) I) The project is consistent with the city's General Plar the proposed density of 16.5 du's/acre is within the c range of 10-20 du's/acre specified for the site as in( on the Land Use Element of the General Plan and can bc juskif ied .because of location, compatibiiity with surrounding developments and recreational amenities. General Plan since the applicant is required to provi,- adequate notiEication and relocation assistance to th existing tenants of the project. -- the pro)ect is consistent with the Housing Element of 2) The site is physically suitable for the type and dens the development since the site is adequate in size an to accommodate residential development at the density posed. 3) The project is consistent with all city public facili icies and ordinances since: a) The Planning Commission has, by inclusion of an a ate condition to this pro-jsct, insured that the f will not be approved unless the City Council find sewer service is available to serve the project. that a note shall be placed on the final map that ing permits may not be issued for the project unl City E:ngiiieer determines that sewer service is a\ and building cannot occur within the project unle service remains availa.ble r the Planning Commissic satisfied that the requirements of the public fac element of the General Plan have been met insofar apply to sewer service for this project. ition, the Planni.ng Commission has added a condi b) Park-in-lieu fees are required as a condition of proval. c) A11 necessary public improvements have been prov: will be required as conditions of approval. d) The applicant has agreed and is required by the of an appropriate condition to pay a public faci fee. Performance of that contract and payment o will enable this body to find that public facili be available concurrent with need as required by era1 Plan. 4) The proposed project is conipatible with the surroun ture land uses since surrounding properties are des for residential development on the General Plan. 5) This project as conditioned will not cause any sign environmental impacts and a lqegative Declaration ha issued by the Planning Director on November 12, 198 approved by the Planning Cormission on December 23 r r I 0 b 2 3 4 5 6 7 8 9 10 I1 22 13 14 15 16 17 18 19 20 2% 22 23 24 25 26 27 28 0 0 6) This is a condominium project consisting of an airspac division of existing buildings and no new buildings ax posed. Therefore, the provisions of Section 20.16.01: Carlsbad Municipal Code and Section 66473.1 of the Sut: sion lhp Act trc?garding design for passive or natural 1-1 and cooling opportunities do not apply. Conditions General Conditions: 1) Approval is granted for CT 81-41/CP-187, as shown on Exhibit "A", Dated November 24, 1981 and Exhibits "B" dated November 13, 198 1, incorporated by reference and file in the Planning Department, Development shall c substantially as shown unless otherwise noted in these t ions * 2) This project is approved upon the express condition th applicant shall pay a public facilities fee as require City Council Policy No. 17, dated August 29, 1979, on with the City Clerk and incorporated herein by referen according to the agreement executed by the applicant f mctnt of said fee a copy of that agreement dated Octobe 1381, is on file with the City Clerk and incorporated by reference. If said fee is not psid as promised, th application will not be consistent with the General Pl approval for this project shall be void. 3) The applicant shall pay park-in-lieu fees to the city, to the approval of the final map as required by Chapte of' the Carlsbad riunicipal Code. 4) The applicant shalt1 give notice of the conversion to a ants as required by the Subdivision Map Act and the Ca Municipal Code. Approval of this request shall not excuse compliance w sections of the Zoning Ordinance and all other applical city ordinances in effect at time of fins1 map approva 15) Planning --- 6) The applicant shall prepare a reproducible mylar of thc site plan incorporating the conditions contained hcreii Said site plan shall be submitted to and approved by tl Planning Director prior to approval of the final map. '7) The applicant shall establish a homeowner's associatior corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Plannj Department prior to f ilia1 map approval. //// I IJC RESO 81900 -3- 1 f 1 e 2 3 4 5 6 7 8 9 LO 3.1 12 a l3 14 15 16 17 18 19 20 21 22 23 24 25 o 26 2'7 28 m 0 8) The applicant shall prepare a detailed landscape and i tion pian which shall be submitted to and approved by Plaiinling Director prior to the approval of the final m 9) A3.1 parking lot trees shall be a. minimum of 15 gallons size. 10) A Master Plan of the existing on-site trees shall be vided to the Planning Department as part of the final ing plan to determine which trees shall be retained p the issuance of a grading permit OK approval of the f map, whichever occurs first. 11) Ed1 landscaped areas shall be maintained in a health1 thriving condition, free from weeds, trash, and debri 12) liny signs proposed for this development shall be des; conformance with the city's Sign Ordinance and shall ireview and approval of the Plarinj.rig Department prior stallation of such signs. 13) Trash receptacle areas shall be enclosed by a 6 foot masonry wall with gates pursuant to city standards. tion of said receptacles shall be approved by the P1; 'D i r e c to r . 14) All roof appurtenances, including air conditioners, I architecturally integrated and shielded from view an( sound buf fei-ed from adjacent properties arid streets satisfaction of the Planning Department and Building tor. 15) Approval of this tentative tract map shall expire ei months from the date of City Council approval unless map is recorded. An extension may be requested by t plicant. Said extension shall be approved or denied discretion of the City Council. In approving an ext the City Council may impose new conditions and may r exist ihg conditions e i 16) A detailed plan for a11 recreation areas shall be su to and approved by the Planning Director. Approved facilities shall- be installed prior to approval of t final map. 97) A detailed landscape and irrigation plan for erosior control of all slopes shall be submitted to and appr the Planning Director. All landscaping and irrigati shall he installed prior to approval of the final mz 18) All improvcmc?ct!; shown on approved exhibits shall bc //// /,I// PC RES0 $1900 -4- iiistzailed prior to approval of the final map. 1 L 1 I 1 a 2 3 4 5 6 7 a 9 3.0 13, 12 e I-3 3.4 1-5 16 17 18 19 20 21 22 23 24 25 26 27 28 e a 19) The applicant shall provide relocation assistance equa one month's rent to any existing tenants as required k Section 21.47.170 of the Zoning Ordinance. _Ens ineer ing 20) The grading for this project is defined as "controllee ing" by Section 11.06,170(a) of the Carlsbad Municipal Grading shall be perforxed under the observation of a engineer whose responsibility it shall be to coordinai inspection and testing to insure campliance of the woi the approved grading plan, submit required reports to City Engineer and verify compliance with Chapter 11 -01 the Carlsbad Municipal Code. 21) The developer shall pay the current local- drainage ar prior to approval of the final map or shall construct age systems in conformance with the Master Drainage P City of Carlsbad Standards as required by the City En neer. All private streets and drainage systems shall be mai by the homeowner's association in perpetuity. This z sibility shal.1 bme clearly stated in the CC&K's. 23) No lot in this subdivision may be further subdivided- note shall b2 placed on the final map. 24) A drainage plan for this site shall be prepared by ti developer and subject to the approval of the City Enc The plan shall indicate structures to be improved ani constructed prior to final map approval. ,22) 25) The existing fence along the top of slope above El C Real shall be replaced prior to final map approval. for a replacement fencc/wall shall be subrcij-tted to a approved by the Planning Director prior to final mal: approv a1 . 26) All slope setbacks, as required per city standard G: shall be met. (These setbacks shall be shown on thc grading plan). 27) The developer shall provide access stairs down the s adjacent to El Camino Real. This access way shall k on the grading plan. The curb openi.ng along the westerly boundary shall removed, and curb, gutter and sidewalk shall be con along the westerly side of this access. This shall shown on the grading plan and subject to the approv the City Engineer. I 128) 29) The concrete rubble to the west of Building "F" sha removed. IPC RES0 $1900 -5- 0. 7 I a1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0 22 23 24 25 a 26 2'1 28 e * , The parking lot shall be repaved and repaired to the satisfacti-on of the City Engineer prior to final map approval. Said work shall also include sealing and striping, 31) The developer shall reconstruct the sidewalk at the cc of El Camino Real and Wosp Way. A11 sidewalks shall k units. constructed as to provide adequate drainage a.way from 32) PA soils report covering all existing slopes adjacent t project shall be prepared by a registered Civil Engine competent in the field of slope stability, Tilis repoi shall be submitted to the City Engineer for approval. report shall specifically address the problem of superficial slope failures and contain recommendation: the maintenance and repair of "Lese slopes. All plan! specifications developed pursuant to the recominendatic the soil report shall be submitted ko the City Enginet review and approval. The repair of the existing slop shall be accomplished prior to final map approval-. 33) All. improvements required by the above conditions sha constructed and approved by the City Engineer prior t final map cipproval (I Fire Department I 34) Access to the upper level parking lot shall be design provide access to fire fighting equipzent. 35) The homeowner's association shall be responsible for maintenance of all. private on-site fire protection equipment and devices. PASSED, APPROVED AND ADOPTED at a regular meeting of Planning Commission of the city of Carlsbad, California, 1 the 23rd day of December, 1981 I by the following vote, to AYES : NOES: ABSENT : ABSTAIN: MARY MARCUS, Chairman CARLSBAD PLANNING COP ATTEST: --__ I_ -- -.. 3AMI:S C. HAGri!!F\N I Secret- ary CARLSHAD PLANNING CO$l;Il SSION r' a 0 I I @ STAFF REPORT e __ DATE: Decernhcr 23, 1981 TO : p 1 ann i ng Corm i s s ion FROM : Planning Department SUBJECT: CT 81-41/CP-187, SHELDON SNTERFRISES ---- - Request for -approval of a TcntaFLve Suhd ivisiori Map and Condominii Permit to convert 172 existing apartment units to condominiums on the northwest corner of Hosp Way and 1 Camino Real in the P-C zone. I. PROJECT DESCRIPTION AND BACKGROUND I_ The applicant is requesting approval of a tentative subdivisio: map and condominium permit to convert 172 existing apartments condominiums, i.n three phases, located as dcscrihed above. Th subject property is a 10-4 2cre site elevated approximately 30 40' above El Cainino iieal. The project derives access by means three driveway openings on Hosp V?ay. (This project includes a accompanying request for a street name change from Hosp Way to Averiida J5spana). The one and two-bedroom unj.17.s are proposed to be converted in three pha-ses. Each phase would Lnclcde support j-ng parking and storage. Phase one would involve 108 units and the inajor com recreation area; phase two would include an additional 48 unit and the final phase, the remaining 16 units. The project has an overall deilsity of 16.5 du/ac. The Land U: . Element of the General Plan has designated this site for resic tial developrnent at a mediun-high density of 10-20 du/ac. Th( project would be towards the high end of this range, Staff bc lieves that due to the proxirnity to major circulation systenis s uppor t i nq comme r c i a 1. d eve 1 o pni en t , comp at i h 1 e s u r r o und i ng density, and provision of additional recreation area beyond kl condominium requirements that this project would be consistent with the General Plan. A request for condominium conversion of these existing apartml units was brought before the Planning Commission on January 9 1980. The Planning Commission recommended denial of the proj as not fulfilling the design criteria of the condominium ' ordinance. The City Council denied the project request witho prejudice on March 18, 1981 , as requi.red by an .j.nteri.In ur9en.c ordinance imposing a moratorium on a11 condominium conversion pending the conclusion of the review of the Housing Element. This moratorium was lifted in February, 1981. 0 e e 1 I @ 11. ANALYSIS P1 ann ing Isn ue - s 1. Docs the project meet all development standards of thc Condomini.um Ordinance? 2. Does the project satisfy all aspects of the design criteria of the Condominium Ordinance? Discussion Each phase of the project would satisfy all basic development standards of the Condominium OrdinaRce. The applicant propose to construct new carports and a parking structure to accommoda all resident and visitor parking on-site. New storage buildin providing 480 cubic feet per unit, would also be constructed a joining the carports and parking structure (please see Exhibit I1A" and ''G") o Laundry facilities and refuse containers would enclosed in structures located near each building. Open recreation requirements would be satisfied by five common areas dispersed throughout: the project. The principal recreat area, included in phase one, contains two t-cnnis courts, a swirilming pool, jacuzzi and recreation building. The other re( reation areas will be designed for active use by the resident: All areas will have barbeque facilities with picnic tables. 7 applicant has indicated that vol-leyball and badminton poles w: be provided whtrc spzce permits. These areas will provide an overall ratio of approximately 300 sq.ft./per unit of open re( reation area. The applicact is proposing several modifications to the exist apartments to address previously raised concerns regarding design criteria. Carports and a parking structure, in a €lisp motif compatible with the buileings, is proposed to alleviate dorni.nance of driveways and to increase availability and proxi of parking. Several new recreation areas have been designed each buil-ding, Stamped, colored concrete would be utilized t delineate pedestrian walkways linking these areas. Staff believes that the revisions proposed would result in a prehcnsively designed project, integrating recreation, storag and ldndscaped areas with the buildings and natural features the site. Overall, staff believes that the proposed design c this project would satisfy all development standards and des. criteria of the Condominium Ordinance. -_-- 0 0 -2- e 0 1 t IV. --- ENVI RONidENTAL REV1 EW The Planning Director has determined that this project will no' have a signi.ficant impact on the environment, and therefore ha: issued a Negative Declaration on Noveinher 12, 1981. V. KECOMMENIIATION It is recoinmended that the Planning Commission --- APPROVE the Resolution No. 1900, recor,mendinq APPROVAL of CT 81-41/CP-187 the City Counci.1, based an the finxngs and subject to the conditions contained therein. Negative Declaration issued by the PlanRing Director and adopt Air 'I "AC mi E ET s 1. PC Resolution No. 19CiO 2. Location Hap 3. Background Data Sheet 4. Disclosure Form 5. Environnental Documents 6. Reduced Site Plans/Elevations 7, Exhibit "A", dated November 24, 1981 8. Exhibit "B" - "H", dated October 13, 1981 CDN : ar 12/15/8 1 a e -3- T PpT w a- B . F\ bl p s e 1 .. .. 0. a c A SE P-9 O*G VI C 1 NITY hi AP --------- LUCU" ...-.. --- A p jp I\ - 1 c j] pj 7 -______ ~~~~~~~~~~~ _--- -- __-__ 0 BACKGRXJND DATA SEEEX’ 0 ’ &E NO: CT 81-41/CP-187 APPL1CA.W”: SHELDON ENTERPRISES mm~ WJ mf~o~: Tentative Tract Map and Condominium Permit - 1 e 172 units on IIosp Way west of El Camino Real. m$x DE~~~o~. -___- - Parcel A of Parcel Map 1681 filed June 29! 19’ -.I_.- --. - I 250 -4 24 -Icc-..IL --’ 167 Assessors Pixel Ne; No. of mts 172 units Acres loo4 GmqT, PIAN p;M) ZONR‘JG RFlH General. Plm Land Use Designation 16.53 Density Allwed ‘0-20 du/ac Density projjszii - I N/A Props4 Zone - P-c Exisking Zone Surrounding Zoning and Lmd Use: Zoning Land us? north e-2 - soilth p-c East c-2 Comer ci a1 Multiple (under constn ! e t il Conimer c i a 1 ! P-c Multiple (under constrl West PmIC FACILITIES School District car 1 s b ad Water Distri.c t Car 1 sb ad Sewer Uis tric t C a r 1 sb a d muts Public Facilities Fee AgreeTent, dated October 9, 1981 --_ - (Other: -- .E”IWLWP~WXJ DPACT ASSI’:SSLbm _____ X - Negative Dccleration, issued Nov. 12 p 1981 Ixxj No. ---- E.1.R. Certified, dated --- e --- Other, - e ~jf aft CT the inforiatior that further j-i~f.orrna!ion 3.5 rccpircd, you will be So adv- ,x hzve submitted has been rea ?3, j t is df2Eel-IUJi -d. AppLICAij's": -c---c---L-I----II- T .L. SIIPLDOpJ YMTEPPFTEES, a I CaIifornLa Corpora tion I ~c?me (individual , partnc~.-shi_n , joint venture , corporation, syd 2254 Noore Street, Suite 202, I San Diego, California -I- 3 --I__ r__-- Business Address -__--..--. (714) 294-9490 __cI-.p-PIzI----- ~elcplionc l4unibe.y -- _I_-..._C.- Charles R. Christensen _I ..------ AGENT : IdilnIC 233 "A" Street, Suite 12Or) _--- , San Diego, California - - -------I Bvlsiness kdc?iess (714) 232-7891 - 'i'elephor,e Nwbcr T.L. Sheldon ( sole shareholder) ___ _- Rancho ______I___ Santa _- -- fCf LBERS : I.lcune (indl.visazl , pavtricr , joint Home Ac;c?xess venture , corparc-tlon, syndication) 2254 ;'loore Street, Suite 202, San Diego, ------- Galiforni --~---.-..-.-.--.---= - Cusi ne 5s fi:lcLYe 5 ~j (714) 294-9490 _--_-__--_ ' _. -.I__- I___ Tc 1 e phon c 1: xA? r 'lelcphone ;,mLeL e ____-__ I_w --....-_ ------ ?;me IIome Address _-- x_ _-- Susincss Addr-~ss -- I- CI Tslephonc l.,~--!Ser Tcl epbone >~czbcr _I---I _--- __IcI~--lll------- ----I_ - --- ----".------ - ---_ I -- ---- -- _-_x (r,ttac,h morc sh~c'cs if necessary) j-/;.k dec-I a-e iinJr?r j~cn~lLt.y of perjury th'ii. the Ci~fonnatj OH ccnt,iinect 2 closure i. true and corrcc t arid t11a t it: :,j 11 xcmain true: 21id correct r;>I icci u: nrl FIL ixi~iy truc ad cori-c~cl untF1 auteriilccl. 'e In i . T,. 1;1'1:Ji90?! KTJ"'rRPF-T* u' - - __ - - - - -I - x - - L* rn m (D 0 1 ID n e 3 5 0 lu 0 c, . > ?? w b3 3u 0 $2 (D co n u 0, U g 20 0 r a 0 v) SI I \ ,’ 2 ,-. -0 + - 7 - m 0 - m a VI 0 0 (D 0 - c \ / m, mu ci -0 0 r D Z U cn 0 D 73 0 m r m 0 m z U (D - I + E' c $ CD Y r V@ CD 5, i 7 g E 3 a 2 94 28 2co G (D ________ ~ .. "' r "' I' ' e 0 x9.9- %Lqiad& e ESPANA ANTIGUA CITY OF CARJ-SBAD MA'YOR RONALD C. PACKARD I. Plot Plans Lands cape Concept " Bir dseye" View Carport 6 Parking Structure * b 11. Ariel Photographs 1981 1970 a 111. Tenant Benefits Notice of Intent 5/13/81 Statement of Benefits I 10/27/81 "Addendum to Rental Agreement" 1 Follow up Letter 11/24/81 Io IV. Statistics Signatures on "Addendum" Turnovers I 0 I 2254 MOORE STREET, Si)lTE 202 SAN DIEGO, CA 92110 0 (71.') 2~4-nmc