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HomeMy WebLinkAbout1985-05-07; City Council; 8166; Request for a Three-Unit Apartment ProjectCIT'->F CARLSBAD - AGENW-JILL ?? @ IEPT. PLN I PCD-73 - BEST I3UILDERS CITY MGR.& RECOMMENDED ACTION: The Planning Cdssion is reconmending that the City Oauncil UPHOLD their decision to APPROVE -73. ITEM EXPLANATION This item is an appeal by a Council Member of a Planning Cdssion decisim la approve a project which my be subject to City Ccuncil's Interim Planning Policy #7872. Walnut Avenue between Lincoln and Washington Streets. site is High Density (RH, 20-30 du's/acre) and the zoning is R-3. density is 26.3 du's/acre &kh is above the man density of 25 du's/acre established for the RH density range. The applicant is requesting approval of a 3 unit apa-nt project on The general plan for the The proprxed Section 4a of Cauncil Policy #7872 states that rn residential projects shall ke approved We the man density of the general plan mge if there are traffic impacts &Lch mnnot be mitigated. area vhich is one of the highest density areas in the City. department has identified this area as having severe circulation problems. The subject property is located in the beach The ergbeering The project is only a three unit project and any traffic impacts muld be at the very mst, hcrental. A reduction of 1 unit muld bring the density dawn frm 26.3 to 17.5 du's/acre. This muld be consistent with Council Policy ht muld provide the applicant with less density than permitted by the general plan. Staff had recamended denial of the project because section 4a of Council Policy #7872 did rot establish a minimUm number of units to which it muld apply. engineering department is therefore applying this section to all projects exceeding the mean density where traffic problems exist. The For further information please see the attached staff report to the Planning C&ssion and Planning C&ssion ResolutionNo. 2414 with conditions of approval. The Land Use Planning Manager has determined that this project will rrot muse any significant enviromtal inpacts and, therefore, has issued a Negative Declaration, dated December 10, 1984, which vas approved by the Planning Carunission on March 13, 1985. in the Land Use Planning Office. A copy of the environmental documents is on file FISCAL IMPACT The increased need for city capital facilities resulting &can this develaprrent will be offset by the payment of the pblic facilities fee. facilities related directly to this developent will Ix constructed and paid for by the developer. Any capital t Page Two of Zgda Bill No. g/b Increased operating expenses related to this developnent will be offset to sane extent fran increased tax or fee revenue generated by the develapnent. detailed econanic inpact analysis of this developnent has been conducted at this time so predictions of the portion of prating expenses covered by additional operating revenue created as a result of this project mt be made. No EXHIBITS 1. -cation Map 2. PC Resolution No. 2414 3. Staff Report dated, mrch 13, 1985 w/attachments I_ D OCATION MA. SITE \ 4- ?IN& AVE t- WALNUT AVE CHESTWUT AVE c) r 1 I I BEST BUILDERS I PCD-73 I 3 1 2 3 4 5 6 7 E s 1c 11 12 12 14 1: It 1: I€ I( 2( 21 22 21 21 2: 2t 2': 2t PLANNING COMMISSION RESOLUTION NO. 2414 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNING COMMISSION DETERMINATION 73 FOR CONSTRUCTION A THREE-UNIT APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF WALNUT AVENUE BETWEEN LINCOLN STREET AND WASHINGTON STREET. APPLICANT: BEST BUILDERS CASE NO: PCD-73 WHEREAS, a verified application for certain property, to Mit: Lot 219 of Thum Lands according to Map No. 1681 filed in the office of the County Recorder on December 9, 1915 - APN 204-132-18, 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 13th day of March, 1985 and on the 27th day of March, 1985, consider said request: and WHEREAS, at said 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 Planning Commission Determination: 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 hearing, the Com- mission APPROVES PCD-73, based on the following findings: Findinqs: 1) The project is consistent with the City's general plan since the proposed densit of 26.3 du's/acre is within the density range of 20-30 du'sracre specified for the site as indicated on the land use element of the general plan. 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 20 2) The project at three units is too small to create traffic problems and is not affected by City Council Policy 7872. 3) The design of the project justifies the density requested because the density conforms with adjacent densities and land uses, the project has only three units and the design is compatible with other projects in the area. 4) The project is consistent with all City public facility pol- icies and ordinances since: a) The Carlsbad School District has written a letter, dated November 26, 1984, stating that school facilities will be available to this project. b) Park-in-lieu fees are required as a condition of ap- proval . c) All necessary public improvements have been provided or will be required as conditions of approval. d) 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. 5) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the general plan. 6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on November 15, 1984 and approved by the Planning Commission on April 10, 1985. Conditions: ~ 1 ) Approval is granted for PCD-73, as shown on Exhibits "A" - "C", dated November 16, 1984, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) 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. //// PC RES0 NO. 2414 -2- 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 3) 4) 5) 6) 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 April 2, 1982, 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 July 17, 1984, 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. 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. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. Land Use Plannina The applicant shall prepare a detailed landscape and irriga- tion plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall Is’e designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director. Engineering 11) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. //// //// PC RES0 NO. 2414 -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 The grading for this project is defined as "controlled grad- ing" by Section 11.@6.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. 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. All slopes within this project shall be no steeper than 2:l. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent any off-site siltation. The developer shall provide erosion control ~neasures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 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 . The developer shall pay the current local drainage area fee prior to issuance of any grading or building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. PC RES0 NO. 2414 -4- 7 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 <- The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of any grading or building permit for this project. Improvements listed in this section shall be installed or agreed to be installed by secured agreement by the developer before the issuance of any building permit. The developer shall obtain approval of the plans from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any building permit. The developer shall install said improvements to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy or occupancy of any portion of the project for any purpose. The improvements are: a) Walnut Avenue for one-half its width to collector street standards along the project frontage. b) Type A curb inlet. c) Thirty foot long curb and gutter and street transition on Walnut Avenue to the west of the westerly line of this project . The design of project improvements shall accommodate storm water drainage from adjacent properties. ' Unless a standard variance has been issued, no variance from City Standards are authorized by virtue of approval of this site plan. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate: "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. //// //// PC RES0 NO. 2414 -5- 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 21 I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: Address : City, St.: Telephone: BY Date: (Name of Engineer) R.C.E. NO. ?/ The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. Parks and Recreation 28) The final landscape plan to be approved by the Parks and Recreation Director. 29) Street trees to be planted per City Standards and meet approval of the Parks and Recreation Director. Fire Department 30) Additional public and/or on site fire hydrants shall be required if deemed necessary by the Fire Marshall. 31 ) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 32) Fire retardant roofs shall be required on all structures. 33) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. PC RES0 NO. 2414 -6- 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1E 1E 17 1E 1: 2c 21 22 2: 24 2t 2E 27 2E PASSED, APPROVED AND ADOPTED at a regular meeting of the 'lanning Commission of the City of Carlsbad, California, held on :he 27th day of March 1985, by the following vote, to wit: AYES: Commissioners Schlehuber, L' Heureux, Marcus, Smith and Rombotis. NOES : Commissioner McFadden. ABSENT: Chairman Farrow. ABSTAIN : None. CLARENCE SCHLEHUBER, Vice-chairman CARLSBAD PLANNING COMMISSION iTTEST : ,AND USE PLANNING MANAGER 'C RES0 NO. 2414 -7- STAFF REPORT DATE : March 13, 1985 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: PCD-73 - BEST BUILDERS - Request for a Planning Commission Determination for a three-unit apartment project generally located on Walnut Avenue between Lincoln Street and Washington Street in the R-3 zone. I. RECOMMENDATION It is recommended that the Planninq Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2414 DENYING PCD-73, based on the findings and subject to the conditions contained therein. 11. PROJECT DESCRIPTION The applicant is requesting approval of a Planning Commission Determination to increase density from 20 du/ac to 26.3 du/ac. This would permit construction of a three-unit apartment project on a .114 acre parcel located as described above. This site has a general plan density of RH, 20-30 du/ac, and a mean density of 25 du/ac per City Council Policy 7872. The project site is presently occupied by an older single-family dwelling. The site is located in an area of the city undergoing transition from single-family to multiple-family dwellings and the neighborhood is characterized by both-, types of dwellings. The proposed project would consist of a three-story building with enough garage space for five cars. One open quest parking space is also provided on-site. Each unit has a private balcony and the use of the common recreation and laundry rooms. Other amenities include a barbeque area and horseshoe pit. 111. ANALYSIS Planning Issues 1) Does the proposed project comply with the development standards of the Carlsbad Zoning Ordinance? 2) Does the design of the project justify the requested density? 3) Does the proposed project meet the intent of City Council Resolution 7872 reqarding the mitigation of traffic impacts? Discuss ion As proposed, standards of this project complies with all the developmnt the R-3 zone. The proposed project will not exceed 35 feet in height, all setbacks are met and all required parking will be provided on-site. As stated, the proposed project is located in an area of the city underqoinq transition. Properties to the west consist of one to three units, while properties to the north and south have densities ranging from 17.5 to 29.5 du/ac. Althouah the applicant is requesting a density of 26.3 du/ac, the mean density for this portion of the city is 25 du/ac. This project, therefore, does not comply with recent City Council Resolution No. 7872, which established interim planning policies during the General Plan Land Use Element Review. Specifically, it states, "no residential development project shall be approved above the mean density of the general plan range if there are traffic or circulation impacts which cannot be mitigated." Although traffic on Garfield Street and Lincoln Street will not be severely impacted by this project alone, staff believes it will have a cumulative traffic impact. It may also have a cumulative effect on Elm Avenue and Carlsbad Boulevard, which are streets currently operating at a low level of service with a disproportionate number of accidents. The traffic problem is a beach area problem and there are no short term mitigation measures available. Staff does not believe this project provides adequate public facilities in that it will have an incremental effect on circulation problems in the beach and downtown areas of the city. Staff is, therefore, recommending denial of this project pursuant to City Council Policy 7872. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a NeQatiVe Declaration on December 1, 1984 . Attachments 1. Planning Commission Resolution No. 2414 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Environmental Document 6. Reduced Exhibits 7. Exhibits "A" - "C", dated November 16, 1984 AML : ad 1/30/85 -2- CASE NO: PCD-73 APPLICAW: BEST BUILDERS REQUEST AND LOCATION: 4 on the north side of Walnut Ave. between Lincoln St and Washinuton Street LEGAL DESCRIPTICN: I& 219 of Thum Lands according to Map No. 1681 filed in the office of the County Recorder on December 9, 1915 APN: 204-132-18 Acres . 114 Praposed No. of Lots/tJnits 3 Land Use Designation RH Density Allowed 20-30 du/ac Density Proposed 26.3 Existing Zone R-3 Proposed Zone N/A Surrounding Zoning and Land Use: Zonim Land Use Site R-3 North R-3 South R-3 SFD 9 condos 64 aDts 'East R-3 West R-3 PUBLIC FACILITIES 1 SFD 2 SFD'S School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's 3 Public Facilities Fee Agreement, dated July 17, 1984 ENVI-AL IMPACT ASSESSMEMI' X Negative Declaration, issued November 15, 1984 E.I.R. Certified, dated .. .. APPLICANT : AGm : MENBERS : - B. A. Worthing. Inc., a Calif. CorDoration Name (individual, partnership, joint venture, corpration, syndication) 690 Elm Avenue, #204, Carlsbad, CA. 92008 Business Address (619) 729-3965 Telephone Number Henry Tubbs Name .. 690 Elm Avenue, #204, Carlsbad, CA. 92008 - .. Bushels Address (619) 7'29-3965 Telephone Numkr Brooks A. Worthina 247 Juniper Avenue, Carlsbad,CA Mane *(individual, partner, joint Hame Address venture, corpozation, syndication) 690 Elm Avenue, #204, Carlsbad, CA. 92008 Biisiness Address (619) 729-3965 (619) 729-8380 Telephone Nrnber Telephone Xumber 2224 Running Springs P1. Encinita: - Henry W. Tubbs 111 Borne Address CA. lime 690 Elm Avenue, #204, Carlsbad, CA. 92008 3isiness =dress (619) 729-3965 (619) 753-8419 Teieg*mr,e N-er Telephone ziunber (Attach more sheets if necessary) I/We daclze uzder Penalty of perjury that the infomation contaified in this dis- closure is trie and correct and that it will remain true and correct and may W relic3 upon as being true and correct until znended. B. A. Worthing, Inc. Ap91 icant BY DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE NEGATIVE DECLARATION mwlEcT ADDRESS/UXATIaV: 340 Walnut. 1200 ELM AVENUE CARLSBAD, CA 92008-1989 (619) 438-5591 PFW~ DESCRIPTION: a triplex. Planning Commission Determination tm construct The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Land Use Planning Office. As a result of said Justification for this action is on file in the A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Conents from the public are invited. Please submit oomments in writing to the Land Use Planning Office within ten (10) days of date of issuance. DAW: November 15, 1984 CASE No: PCD-73 APPLICANT: Best Builders PUBLISH DATE: December 1, 1984 . Land Use Plannirq Mzager ND-4 5/8 1 I I. I I 1 ., ! i i i . . .. i I i I 1; I i .. .. . .. .. ? 1 8. .. . -- . .. .. .. .. . . .. 7, ., , .. '> : i I '. r i i. . i .' .. r L. .. i 1- . , .. .. I - . .. ..