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Home My WebLink About1984-11-06; City Council; 7944; APPEAL OF A PLANNING COMMISSION DECISION TO DENY A 12 UNIT CONDOMINIUM PROJECT (CT 84-13|CP 282|BEARMAN)c g -ti ln * d $1 2 4 PI. -i 1 3 .;J B -r ' Q ' c(- 8 3 3 B :f I 4 -F z 0 E a t-4 m 2 1 rl i z 3 0 0 CITmF CARLSBAD - AGENDWILL DEPT. H AB#- TITLE: MTG. 11l6/84 DECISION TO DENY A 12 UNIT CONDO- CITYAT DEPT. PLN' RECOMMENDED ACTION: The Planning Commission is recommending DENIAL of the project as proposed. Staff would recommend that the City Council return th application to the Planning Commission so that the Land Use Planning Office can work with the applicant to mitigate the Commission's concerns. APPEAL OF A PLANNING COMMISSION MINIUM PROJECT. CT 84-13/CP-282 - BEARMAN. CITY MC - ITEM EXPLANATION The applicant's request is for a 12 unit condominium project located on the south side of Olive Avenue just west of the AT&SF right-of-way. The project is located in the Medium-High Density (10-20 dufac) general plan category and has a density of 18.4 du/ac, at the high end of the range. staff originally recommended approval of the project because of the number of amenities provided. These included large recreation areas, extra parking and ocean views. The Planning Commission felt that this portion of Olive Avenue is still sing14 family residential in nature and that a project in the high end of this density range was not compatible. The applicant has indicated a willingness to reduce the density and alter the design. Staff would recommend that the Council return this item to the Planning Commission SO that their concerns may be mitigated. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated June 18, 1984. FISCAL IMPACTS 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. EXHIBITS 1. Location Map 2. PC Resolution No. 2358 3. Staff Report dated, September 26, 1984 w/attachments v YOCATION MAP. r . 0 a LAGOON SITE BEARMAN CT 84-13/CP-S I 2 3 4 5 6 7 8 9 10 I. 1 1.2 1.3 1.4 1-5 I. 6 3.7 1.8 1.9 2!0 %I 1 2: 2 23 24 25 26 27 28 w * PLANNING COMMISSION RESOLUTION NO. 2358 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT FOR 12 UNITS ON -65 ACRES ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF OLIVE AVENUE BETWEEN THE AT&SF RAILROAD AND GARFIELD STREET. APPLICANT : BEARMAN CASE NO: CT 84-13/CP-282 WHEREAS, a verified application for certain property wit: Lot 6 of Block "V" of Palisades Unit No. 2, accordinc Recorder August 25, 1924, Map thereof No. 1803, filed in the office of the Coui has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a reqt as provided by Title 21 of the Carlsbad Municipal Code; and * WHEREAS, the Planning Commission did, on the 26th daj September, 1984, hold a duly noticed public hearing as prescri 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 persor desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit; ar. 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 hearin the Commission DENIES CT-84-13/CP-282, based on the follc findings : /If f //// 1) The project is not consistent with the City's general pl since the proposed density of 18.4 du's/acre is towards high end of the 10-20 du's/acre range specified for the by the land use element of the general plan and cannot b justified for the following reasons: a) The project does not contain sufficient on-site amen over and above that required by the Planned Developm Ordinance o b) The project is not compatible with the existing surrounding development in the vicinity. c) The existing street system (cul-de-sac) is not adequ to handle the traffic that would be generated by the project. PASSED, APPROVED AND ADOPTED at a regular meeting of AYES : Chairman Rombotis, Commissioners Farrow, Schlehuber, McFadden, Smith' and L' Heureux. NOES : None. ABSENT: Commissioner Marcus. ABSTAIN: None. PLANNING COMMISSIO -9- APPLICATIC UBM~TTAL DATE: e& w @ MARCH 20, 1984 (23 STAFF REPORT DATE : September 26, 1984 TO: Planning Commission FROM: Land Use Planning Office SUIBJECT: CT 84-13/CP-282 - BEARMAN - Request for approval of a tentative subdivision map and condominium permit to develop 12 units on the south side of Olive Avenue between the AT&SF Railroad and Garfield Street in the RD-M zone. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2358, APPROVING CT 84-13/CP-282, based on the findings and subject to the conditions contained therein. 11. PROJECT DESCRIPTION The applicant is requesting approval of a tentative subdivision map and condominium permit for twelve units on -65 acres, located as described above. The subject property adjoins the AT&SF Railroad to the east, the Agua Hedionda Lagoon to the south and single family homes to the west. The site is currently occupied by a single-family residence. Olive Avenue currently stubs into the railroad right-of-way. The applicant has redesigned the project to accommodate 5 feet of dedication for street widening and a half cul-de-sac on site. Access to the site would be derived from a single driveway from 01 ive Avenue . The applicant is proposing to develop nine two-bedroom and three one-bedroom stacked flats. The units would range in size from 1260 - 1500 sq, ft. The resulting density would be 18.4 du's/ac. This would be near the high end of the RMH, 10-20 du,/ac, density range specified for this property by the Land Use Element of the General Plan. III. ANALYSIS Planning Issues -- - 1) Does the proposed project satisfy all development 2) Does the proposed project comply with the design standards of the Planned Development Ordinance? criteria of the Planned Development Ordinance? w 0 D j. s cu s s ion Staff believes that the proposed project satisfies all development standards of the Planned Development Ordinance. Resident parking and six guest spaces would be provided in an underground garage beneath the units. Five additional guest spaces would be accommodated in an open parking area at street grade. Requirements for storage area would be satisfied in two free- standing structures. Recreation area requirements would be exceeded by a combination of private and common areas. Each unit would have a private lagoon-oriented balcony. A common area,. including a pool and jacuzzi would be situated overlooking the lagoon . Staff believes that outstanding lagoon and ocean views, and amenities including underground parking and requested density. Finally, staff believes that the proposed project complies with the design criteria of the Planned Development Ordinance. The units and recreatioon area would be sited to take advantage of the views afforded the lot. The majority of the parking would be situated underground to allow greater use of the site. Overall, staff believes that the proposed project satifies all development standards and design criteria of the Planned Development Ordinance and justifies the requested density. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager determined that this project will not have a significant impact on the environment and, therefore, issued a Negative Declaration on June 18, 1984. - ATTACHMENTS 1) Planning Commission Resolution No. 2358 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Document 6) Reduced Exhibits excess recreation facilities, as mentioned above, justify the CDN:bw 911 3/84 -2- w 0 BACEGROUND DATA SHEET CASE N3: CY 84-13/CP-282 APPLICANT: Bearman REQUEST AND LOCATION: Eaequ est for a tentative subdivision map and condominium permit to develop 12 units on the south side of Olive Avenue between AT&SF Railroad and Garfield Street in the RD-M zone. LEGAL DESCRIPTION: mt 6 of Block "V" of Palisades Unit No. 2, according to Map thereof No. 1803, filed in the Office of the County Recorder August 25, 1984. APN: 206-092-06 12 Acres . 65 proposed No. of -ts/Vnits GENERAL PLAN AND ZONING Land Use Designation m Density Allowed 10-20 Density proposed 18.4 Existing Zone IID-M Proposed Zone Surrounding Zoning and Land User Zoning Land Use Site RD-M SFR SFR North RD-M South R-A-1 O/C6 East Railroad Railroad West R-1 Agua Hedionda Lagoon SEI? PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Publix Facilities Fee Agreement, dated March 12, 1984 ENVIF-AL IMPACT ASSESS" - X hlegative Declaration, issued June 18, 1984 - EI.1.R. Certified, dated Other , . _--.- _____ -- ___- - --- --=I. A=- - N, LC ~3 UCLUUALLN -LI. ~~*~-- ---- ------ '' that further infomtion -required, YOU Will be SO ad\*- APPLICANT : 4Mb r42 b. Prn -MAd ~ r~ /Name (individual, partnership, joint Venture, corporation, syndica 33i OLIVE PVE I. LA-~~~wo,c~~ * 9'&0(43 BuSbeSS Address 7P3-0CW Telephone N\lmbat AGENT : p L'7g Name -. Business Address .. Telephone Number 5&Yjc QUE ALE, (x1/2.&M 331 fl Erne >dress 4- 7 ME&IBES : 5L)/l/l hi E (2 'D ncA1ZM & b Name .(individual; partner, joint . venture, coqoration, syndication) %/HE Biasiness Address 5dn/:E Telephone N-r Telephone Xumber - ::&e Borne Address - 3isiness Address Ttieph0r.e Ntziber Telephone Xunber - - - (Attach more sheets if necessary) I/We doclze uzder Penalty Of perjury that t3e infomation contaized in this di: closure is tms and correct and that it will remain true and correct and nay be' relied upon 2s being true and correct until taended. &- &*/ BY -&- Agent, Omet, Partner 3 , I I I 'I I I -. .. , i j I I I j I I i I I I I i ~ I i I I i i r ? P, + 1 I L 1.- 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the C/ty Clerk APPEAL FORM TELEPHONE: (71 4) 430-5535 I (We) appeal the following decision of the Planning Commission to the City Council: Project name and number (or subject of appeal): Woolworth's CUP - 234 Date of decision: 10/24/84 appellant believes it should be afforded the Reason for appeal: opportunity to mitigate the significant adverse impacts by the renewal of the Conditional Use Perniit with additional conditions. - 11/2/84 Date R. THOIvlAS WOOD Name (Please print) 2850 Pi0 Pic0 Drive, Suite H Address Carlsbad, CA 92008 19) 729 - 1159 ephone Number I .. -. Cfl”y OF ~%#R.L ,AB 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92608 436-5561 RECEIVED F Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 31 38 ROOSEVELT ST. P.O. BOX 248 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: .......... C.lcf;c).b.eT. 20.. .......... 19. .e+ - NOTICE IS HEREBY GIVEN tba thecitycounciloftheCitlofCarlk bad will hold a public heerinp at the ‘City Council Chambers. 1200 Elm Avenue, Cad8bd. Catifornfs, at Coo P.M. on Tuesday. November 6 p~, to conside? an appeal of a ‘Pbnning Commission denial of an application for a tontaUve.~pbdt*i- sion map and condominium permit to develop 12 units on )rope* yeally iocated on the soutb of 119.6 Avenue between the AT&SF RaUrord-rpd OIl‘field Street in the RD-N zone and more pPrtiCUl8rb Unit No. 2, according to Nap them of No. 1803, filed ip the Office of the County Recordet, AWa 1. fK4. ............................... 19 .... ................................. 19 .... .............................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed 2b$yrsbad, County of San Diego, State of California on IctohPr - 1984 iTICE OF PUBLIC HEARING . APPEAL NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, November 6, 1984, to consider an appeal of a Planning Commission denial of an application for a tentative subdivision map and condominium permit to develop 12 units on property generally located on the south side of Olive Avenue between the AT&SF Railroad and Garfield Street in the RD-M zone and more particularly described as: Lot 6 of Block "V" of Palisades Unit No. 2, according to Map thereof No. 1803, filed in the Office of the County Recorder, August 25, 1924. APPELLANT: Bearman PUBLISH : October 20, 1984 CARLSBAD CITY COUNCIL LOCATION MAP .- SITE BEARMAN I CT 84-13/CP-282 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the Cify Clerk dltg of Qarlmsbab APPEAL FORM TELEPHONE: -. . I (We) appeal the following decision of the PLQ, n k cpb mdbi W‘’ to the City Council: Pioject nameJand number (or subject of appeal) : CT f’f I3k . 7 *vF dozy . Teleph-one Number NOTICE OF PUBLIC HEARING IS HEREBY GIVEN that the Planning Conmission of the City of Carlsbad will hold a public hearing at the City Council Chars, 1200 Elm Avenue, Carlsbad, California, at 7:OO p.m. on Wednesday, Sept-r 26, 1984, bo consider approval of a tentative subdivision map and cwdaminium permit to develop 12-units on property generally located on the south side of Olive Avenue between the ATbSF Railroad and Garfield Street in the RD-M zone ad mre particularly described as: Int 6 of Block "V" of Palisades Unit No. 2, according to Map thereof NO. 1803, filed in the Office of the county Recorder August 258 1924. Those persons wishing b speak on this proposal are cordially invited bo attend the public hearing. Office at 438-5591. If you have any questions please call the Land Use Plannirrg CASE FILE: CT 84-13/CP-282 APPLICANT: Bearman PUBLISH: Septenber 15, 1984 ASSESSOR'S PARCEL NOS. & OWNERS (1) 206-091-07 Meese, George & Elizabeth P.O. Box 975, Carlsbad, Ca. 92008 (2) 206-091-08 Davis, Nary 236 Olive Avenue, Carlsbad, Ca. 92008 (3) 206-091-09 Morales, Joseph & Sara 305 Date Avenue, Carlsbad, Ca. 92008 (4) 206-091-10 Vivant, Edwin & Gennie 5136 N. Peck Road, El Monte, Ca. 91732 (5) 206-091-11 Greeve, Norman & Lola 513 Seventh Street, Santa Monica, Ca. 90402 (6) 206-091-12 McBane, Kip & Williams, Leslie (7) 206-091-13 Memorial Hospital of the Japanese Community, The {8) 206-091-14 Bailey, Frank & Karen cccupant Unit A (9) 206-091-15 Oshima, Shigiro & Mary 327 Date Avenue, Carlsbad, Ca. 92008 P.O. Box 311, Huntington Beach, Ca. 9238 393 Date Avenue, Carlsbad, Ca. 92008 cccupant Gnit 5 352 Olive Avenue, Carlsbad, Ca. 92008 (10) 206-092-01 Perry, Joseph & Marjorie (11) 206-092-02 Bonas, Arthur & Margaret (12) 206-092-03 [Bonas, Arthur & Margaret,! (13) 206-092-06 Bearman, Sumner D. (14) 206-092-08 Bonas, Arthur 2 Kargaret M:- CgntCnyec) on 4110 Garfield Street, Carlsbad, Ca. 92008 231 Olive Avenue, Carlsbad, Ca.92008 s ee ,231 Olive Avenue,)Carlsbad, Ca. 92008 331 Olive Avenue, Carlsbad, Ca. 92008 231 Olive Avenue, Carlsbad, Ca. 92008 (15) 206-092-09 . Beust, Ben or Bess (16) 206-092-10 Atchinson, Topeka & Santa Fe - 315 Olive Avenue, Carlsbad, Ca. 92008 824 W. Broadway, San Diego, Ca. 92101 (17) 206-092-11 Atchinson, Topeka & Santa Fe. 824 W. Broadway, San Diego, Ca. 92101 (18) 206-092-12 (19) 206-222-21 (20) 206-222-22 (21) 210-010-09 (22) 210-010-11 (23) 210-010-33 Atchinson, Topeka & Santa Fe. 824 W. Broadway, San Diego, Ca. 92101 Allstate Savings & Loan Assoc. 701 N. Brand Blvd., Glendale, Ca. 91202 Hunts Partnership 2120 San Diego Avenue, Suite #202, SanDiego, Ca. 92110 Atchinson, Topeka & Santa Fe. 824 W. Broadway, San Diego, Ca. 92101 Atchinson, Topeka & Santa Fe. 824 W. Broadway, San Diego, Ca. 92101 San Diego Gas 61 Electric Co. 5315 Avenida Encinas, Carlsbad, Ca. 92008 Attn: Planning .. (24) 210-010-26 3an alego Gas t Electric Coo 5315 Svenidz. Sncinltas, Carlsbad, Ca. 72008 mcx 200 Saxony iid., Eminitas, Ca. 92024 ' snt( 10) C?r.tinued Occupant 217 Olive Ave., Carlsbad, Ca. 92008 . 0 c cupant 4132 Garfield Str., Carlsbad, Ca. 92008 I 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk APPEAL FORM TELEPHONE: I (We) appeal the following decision of the /pLQ~W!~ - &W-dfP+’ to the City Council: Project nameJand number (or subject of appeal): R&rnUnQh \ Y Date of decision: Reason for appeal: ’7 dozy Tel e p h-o n e N umbe r f 1200 ELM AVENUE CARLSBAJ, CALI~NIA 92008 438-5561