HomeMy WebLinkAbout1992-01-28; City Council; 11501; Appeal Denial Gardality Condo Conversionc
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IEPT. PLN
CITY -F CARLSBAD - AGENDA-JILL 40
TITLE: APPEAL OF A PLANNING COMMISSION DECISION
~ DENYING A REQUEST FOR A TENTATIVE MAP AND
CONDOMINIUM PERMIT
CT 90-33/CP 90-l 0 - GARDALITY CONDO CONVERSION
3ECOMMENDED ACTION:
The Planning Commission and staff are recommending that the City Council direct the
City Attorney to prepare documents UPHOLDING the decision of the Planning
Commission by DENYING CT 90-33/CP 90-10.
ITEM EXPLANATION
On November 20, 1991, the Planning Commission denied (5-O) a request for a tentative
map and condominium permit (CT 90-33/CP 90-10) to convert 12 single family
apartment units to condominiums because the project does not comply with Planned
Development (PD) Ordinance design criteria requiring a safe and efficient street system
which does not dominate the site and a usable, easily accessible common recreation
area.
The existing 12 unit apartment project located at 2836 - 2908 Unicornio Street in the
RDM zone was constructed in 1987 as three separate 4 unit apartments requiring only
building permits and has received no prior discretionary approval.
The proposed condominium conversion of these units is subject to the PD Ordinance
which requires compliance with both development standards and design criteria.
Development standards specify the type and quantity or area of improvements and
amenities required while design criteria specify how these amenities and improvements
are to be organized to ensure the project’s proper functioning.
Although the project provides the minimum amount of amenities required by the
Planned Development Ordinance, the attempt to retrofit them into the project has
resulted in the following design deficiencies:
1. The proposed project’s dual driveway design reduces the amount of landscaping
space available and dominates the project with excessive hardscape.
2. Awkward automobile maneuvering to exit some of the rear units will be necessary
due to back up distances of up to 75’. Potential vehicle conflict points and
visibility problems are created.
3. No separate pedestrian access is proposed. Therefore, pedestrians are forced
onto the driveways to enter and/or circulate around the project.
PAGE 2 OF AGENDA BILL NO. /( i?O/
4. The proposed location of the common recreation area within a 20’ separation
between two of the rear unit garages does not allow sufficient area for
landscaping and buffering of noise and will introduce a public element in an area
perceived by residents as a private yard area.
After retrofiting the amenity areas and driveways this project will not function efficiently
or properly accommodate amenities in accordance with required PD Ordinance design
criteria. The attached memorandum to the City Manager explains this issue in more
detail. Approval of this project will set an undesirable precedent for the conversion of
existing apartment projects which contain insufficient space to comply with the PD
Ordinance design criteria.
FISCAL IMPACT
None.
EXHIBITS
1. Memorandum to the City Manager dated December 9, 1991
2. Location Map
3. Planning Commission Resolution Nos. 3306 & 3307
4. Planning Commission Staff Report dated, November 20, 1991 w/attachments
5. Letter of Appeal dated, December 2, 1991
6. Excerpts of Planning Commission Minutes dated, November 20, 1991
DECEMBER 9, 1991
TO: CITY MANAGER
FROM: Assistant Planning Director
VIA: Planning Director
CT 90033/CP 90-10 - GARDALITY CONDOMINIUM CONVERSION APPEAL
Recently the Planning Commission concurred with staff and denied (5-O) a request to convert 12 single family apartments to condominium ownership because the project did not meet the design standards of the Planning Development Ordinance. The applicant is now appealing the Planning Commission decision on the grounds that individual ownership will enhance the neighborhood and increase property taxes. Since it is uncommon for staff to recommend denial of a project solely on the basis of design criteria, staff felt that it would be important to clarify the justifications which although may not be reflected adequately in the commission minutes did form the basis for the commission's decision.
When staff reviews an application for a condominium conversion it focuses on two main areas:
1. Whether the project complies with the current development standards and the design criteria of the Planned Development Ordinance.
2. Whether the project will function properly for individual owners as compared to an apartment situation.
As noted in the staff report to the Planning Commission (Exhibit
4)? the project can be retrofitted to comply with the development standards of the Planned Development Ordinance. However, the necessity of retrofitting recreational amenities and increased driveway widths would negatively impact a design that already has some functional problems, especially for individual ownership of the units as compared to an apartment situation. For example, retrofitting requires the common recreational area to be located within the 20 ft., separation between two of the units. This creates a functional problem on two respects. First, it is extremely difficult to buffer the residences from noise, light and glare associated with the use of the common recreational facility. Second, the location between two private residences adds to the perception of private ownership so that the amenity is less likely to be used by all the residents.
The example of the functional problems associated with the recreational area also highlights the second area of staff review - namely, will there be functional problems arising from the conversion to individual ownership as compared to the existing
CITY MANAGER DECEMBER 9, 1991 PAGE 2
apartment situation. Since apartments are not owned by the residents, all rules of use are established by the owner or property manager. Violations of the rules could lead to eviction. The rules of use in a condominium are setforth in the Covenants Conditions and Restrictions (CC&R's). It would be very difficult to establish rules limiting noisy use of the recreational area that could be enforced through the CC&R's. Also, since eviction from an owner occupied unit is infeasible it becomes difficult to resolve noisy use of the recreational area. For this reason, the design criteria of the Planned Development Ordinance requires recreational facilities to be centrally located and buffered from the residences and having access that avoids conflicts with driveways and parking areas (Design Guidelines, pgs. 25-32). This project does not comply with any of these design criteria.
The above standard of review was applied to the many functional aspects of this project. The failure to comply with the design criteria setforth in the Planned Development Ordinance and the referenced Design Guidelines led to the staff recommendation of denial. At the Planning Commission hearing for the project the applicant offered to redesign the project by relocating the recreation area to the northern slope. The steep slope (2:l) is not developable per section 21.53.23O(CMC) and moreover, it would also be an inappropriate location for a common recreational facility for a number of reasons (hillside modification, access problems, etc.).
It should be noted that design issues are most often resolved during the review process for a discretionary permit. Normally an apartment project of 5 or more units would require the approval of a Site Development Plan Permit (SDP). However, the applicant avoided this requirement when he developed the project as three separate 4 unit apartments (totalling the 12 units requested to be converted). During building permit review the applicant was advised to construct the project to both the development standards and the design criteria of the Planned Development Ordinance if he ever wanted to convert the structures to condominium ownership in the future. Had the applicant heeded staff's advice the project would have been designed to both function properly under common ownership and to not require retrofitting to comply with the development standards.
GARY E. WAYNE Assistant Planning Director
arb
city of carlsbad
GARDALITY CONDO CONVERSION
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PLANNING COMMISSION RESOLUTION NO. 3386
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A 12 UNIT
AIRSPACE CONDOMINIUM CONVERSION ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF UNICORN10
STREET.
CASE NAME: GARDALITY CONDOMINIUM CONVERSION
CASE NO: CT.90-33
WHEREAS, a verified application for certain property to wit:
Lots 515,516 and 517 of La Costa Meadows Unit No. 3, in the City of Carlsbad, County of San Diego, State of California,
according to the map thereof No. 7076, filed in the office of
the County Recorder of San Diego County, October 6, 1971.
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 20th day of November,
1991, 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 Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A> That the above recitations are true and correct.
8) That based on the evidence presented at the public hearing, the Commission
DENIES CT 90-33, based on the following findings:
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Findings:
1. The project is not consistent with City’s Planned Development Ordinance and Design
Guidelines Manual. As dkussed in the staff report, the application of the Planned
Development standards diminishes the quality of the existing project by reducing
landscaped open space areas and privately used yards. The project does not comply
with specik Planned Development design criteria requixing a well integrated
internal circulation system and centrally located, easily accessible common
recreation areas.
2. The project is consistent with the City’s General Plan since the proposed density of
9.2 du’s/acre is within the density range of 8-15 du’s/acre specified for the site as
indicated on the Land Use Element of the General Plan, and is at or below the
growth control point of 11.5.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20 day of November, 1991, by
the following vote, to wit:
AYES: Chairman Holmes, Commissioners: Schlehuber, Schramm,
Savary & Noble.
NOES: None.
ABSENT: Commissioners: Erwin & Hall.
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HaZMItiER
PLANNING DIRECTOR
PC RESO NO. 3306 -2-
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PLANNING COMMISSION MSOLLJTION NO.3307
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING OF A 12 UNIT
AIRSPACE CONDOMINIUM CONVERSION ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF UNICORN10
STREET.
CASE NAME: GARDALITY CONDOMINUM CONVERSION
CASE NO: CP 90-10
WHEREAS, a verified application for certain property to wit:
Lots 515,516 and 517 of La Costa Meadows Unit No. 3, in the
City of Carlsbad, County of San Diego, State of California,
according to the Map thereof No. 7076, filed in the Office of
the County Recorder of San Diego County, October 6, 1971.
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 20th day of November,
1991, 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 Planned Unit Development.
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 hearing, the Commission
DENIES of CP 90-10, based on the following findings:
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Findings:
1. The project is not consistent with City’s Planned Development Ordinance and Design
Guidelines Manual. As discussed in the staff report, the application of the Planned
Development standards diminishes the quality of the existing project by reducing
landscaped open space areas and privately used yards. The project does not comply
with specific Planned Development design criteria requiring a well integrated
internal circulation system and centrally located, easily accessible common
rea-eation areas.
2. The project is consistent with the City’s General Plan since the proposed density of
9.2 du’s/acre is within the density range of 8-15 du’s/acre specified for the site as
indicated on the Land Use Element of the General Plan, and is at or below the
growth control point of 11.5.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of November, 1991,
by the following vote, to kit:
AYES: Chairman Holmes, Commissioners: Schlehuber, Schramm,
Savary & Noble.
NOES: None.
ABSENT: Commissioners: Erwin & Hall.
ABSTAIN: None. !- A “- rC..r ,..‘a * .,. -0. c :i t !!a: fl ,_ ’ I ‘. i $1. i .\J-+ ‘..u==@ k;,*.h 1 _ u
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HmZMItiR
PLANNING DIRECTOR
PC RESO NO. 3307 -2-
APPLICA.ION COMPLETE DATE:
Februarv 26. 1991 A
STAFF REPORT
DATE: NOVEMBER 20, 1991 0 7
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CT !M-33/CP 90-10 - GARDALITY CONDOMINIUM CONVERSION - Request for approval of the airspace condominium conversion of an existing 12
unit single family apartment project located on Unicornio Street in the RDM
Zone, RMH General Plan Designation, and Local Facilities Management Zone
6.
I. * RECOMMJZNDATION
That the Planning Commission ADOPT Planning Commission Resolution Nos. 3306 and 3307
DENYING CT 90-33 and CP 90-10 based on the findings contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The proposed project consists of a request for a Tentative Map and Planned Development permit
to convert to separate airspace condominium ownership 12 existing two-story single family
apartments constructed on three lots comprising 1.724 acres (1.3 1 net acres). The apartment project received no entitlement other than building permits to construct four units on each of the
three lots.
This condominium conversion project is subject to the Planned Development (PD) Ordinance
which requires that each planned development project must comply with both of the following
distinct sets of requirements: 1) development standards; and 2) design criteria.
1) Development Standards
Development standards specify the type and quantity or area of improvements and
amenities required in a Planned Development project. (For example, a development
standard is the requirement for 200 square feet of recreational space per unit).
2) Design Criteria
Design criteria specify how the necessary development standard requirements such as
streets and amenities within a Planned Development project are to be provided so that
a safe, convenient, and pleasing living environment is created. (For example, a project’s
street system should be designed to provide safe and efficient access to each of the units
without dominating the site).
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CT 90-33/CP 90-10 - GAtiILITY CONDOMINIUM CONVERblON
NOVEMBER 20, 1991
This project provides the amount of amenities required by the PD Ordinance, but fails to
organize them satisfactorily as is required by design criteria. The Planning Department is
therefore recommending denial of the proposed condominium conversion project because
although the project has incorporated development standards specified in the Planned
Development Ordinance, superimposition of these standards onto this project has adversely
affected its proper functioning. The project has failed to comply with the following design
criteria:
1) the project does not comply with specific design criteria requiring a safe and efficient
street system and easily accessible, usable common recreation areas; and
2) the application of PD Ordinance development standards to the existing project has
resulted in diminished landscaped open space areas and privately used yards without
improving the overall project design.
The proposed 12 unit conversion project is served by two separate private driveway entries from
Unicomio Street; one is double loaded and serves eight single family units, and the other single
loaded driveway serves four single family units. The applicant has attempted to comply with
the Planned Development Ordinance by retrofitting an existing apartment project to comply with
the required development standards. Compliance with required development standards is
accomplished by widening existing driveways, adding onsite guest and RV parking, and adding
a common recreation area. The common active recreation area consists of a small spa located
between the garages of two of the rear units and an adjacent passive yard area.
III. ANALYSIS
Plannina Issues
1. Is the project consistent with the Planned Development Ordinance?
2. Is the project consistent with the RDM Zone and RMH General Plan Designation?
3. Does the project comply with the Zone 6 Local Facilities Management Plan?
DISCUSSION
PLANNED DEVELOPMENT ORDINANCE CONSISTENCY WITH THE INTENT, DESIGN
CRITERIA, AND DEVELOPMENT STANDARDS .
Intent of PD Ordinance
A
The proposed condominium conversion is not consistent with the intent of the Planned
Development Ordinance to encourage creatively designed projects since the project consists of
a substandard driveway design and poorly located recreation area which do not comply with the
required design criteria described below:
CT ‘90-33/CP 90-10 - GA- JILITY CONDOMINIUM CONVER,,3N
NOVEMBER 20, 1991
Desien Criteria
The proposed project does not comply with the Planned Development Ordinance design criteria
requiring: 1) a safe and efficient internal street system which does not dominate the site or
conflict with pedestrian circulation; and, 2) readily accessible, usable common recreation areas.
1) Street System:
The 30’-32’ private driveways do not provide efficient access since they require awkward
automobile maneuvering. Direct access to each of the units is not provided from the
private driveway; access to some of the units requires individual garage access drives of
up to 40’ in length. As a result, awkward automobile maneuvering to exit some of the
rear units is necessary due to excessive back-up distances of up to 75 feet which create
potential conflict points and visibility problems as illustrated by Exhibit “X”.
Additionally, the 20 feet of queuing distance required at the private driveway entries
cannot be provided without partially blocking the garage entries of units adjacent to
Unicomio Street as illustrated by Exhibit “Y”.
The driveways along with the access drives and parking bays visually dominate the
project with excessive hardscape and are the focal points of the project. The proposed
dual driveway design separates the project into two distinct parts and reduces the amount
of landscaped open space which could be provided on the site by increasing the need for
hardscape.
Separate pedestrian circulation is not provided in this project; the private driveways
provide the only pedestrian access into and around the project. Guests utilizing onsite
guest parking must walk across private driveways and access drives to the entrances of
individual units, and residents must cross driveways to enter the common recreation area.
2) Common Recreation Area
A spa and adjacent passive yard area are proposed to provide common active recreation
for project residents. Since no common recreation area is provided in the existing
project, the applicant has attempted to retrofit a spa into an area not designed to
accommodate it. The proposed location within a 20’ separation between two of the rear
unit garages with second story windows directly above is inappropriate for common
recreation use since it is located in an area which residents will perceive as a private yard
area. The proposed area has inadequate space to provide a properly functioning amenity
with adequate space for associated landscaping, fencing and buffering of noise which may
impact residents occupying adjacent units. The spa extends to within 5 feet of the
structures on each side and is surrounded by hardscape with no room for landscaping or
fencing to buffer noise generated by spa users or equipment.
CT 90-33/CP 90-10 - GA. ,ILITY CONDOMINIUM CONVER, JN
NOVEMBER 20, 1991
Develooment Standards
As noted above, although the project does not meet design criteria, the proposed project provides
the minimum development standards required by the Planned Development Ordinance (see
Appendix A).
ZONING AND GENERAL PLAN CONSISTENCY
The project density of 9.2 dwelling units per acre is consistent with the site’s Residential
Medium High (RMH) General Plan designation allowing a density range of 8-15 dwelling units
per developable acre and is below the growth management control point of 11.5 dwelling units
per acre.
The proposed multiple family project is a permitted use in the RDM Zone and complies with
all required development standards of that zone.
GROWTH MANAGEMENT
The proposed project consists of the airspace subdivision of an existing development; therefore,
the impacts on public facilities have already been considered.
SUMMARY
Condominium conversion projects must comply with both development standards and design
criteria specified by the Planned Development Ordinance. Although the project complies with
minimum development standards, the project was not designed to accommodate these features
and still function safely and efficiently in accordance with the required PD Ordinance design
criteria. There is no provision in the PD Ordinance to allow a reduction in design standards for
existing projects, and the approval of this project will set a strong precedent for allowing the
condominium conversion of many existing apartment projects not designed to PD standards. The
Planning Department therefore recommends denial of CT 90-33 and CP 90-10.
IV. ONMENTAL REVIEW
Section 15301(k) of the California Environmental Quality Act states that the division of existing
multiple family rental units into condominiums is exempt from environmental review and, as
such, the Planning Director has issued a Notice of Exemption dated November 20, 1991.
CT 90-33/CP 90-10 - Gk -- rILITY CONDOMINIUM CONVERS - I
NOVEMBER 20, 1991
PAGE 5
ATTACHMENTS
1.
2. 3.
4.
2:
7.
8.
Planning Commission Resolution No. 3306
Planning Commission Resolution No. 3307 Location Map
Disclosure Statement
Background Data Sheet
Exhibits ‘X’ and “Y”
Appendix “A”.
Exhibits “A” - “B” dated November 6, 1991.
AH:vd
September 18, 1991
-’ .--city of Carlsbad
A DISCLOSURE STATEMEhT
APPUCAN-l”S STAT&EN-T OF OlSCLOSlJAE Of CERTAJN OWNERSHIP INTERESTS ON ALl APPUCATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART Of THE CI-IY COUNCIL OR ANY APPOINTED
BOARD. COMMISSION OR COMMIl-lEE.
(Please Print)
The following information must be disclosed:
1.
2.
3.
4.
Apolicanl
List the names and addresses of ail persons having a financial interest in the application. G.V. Properties
3138 Verde Ave. Carlsbad CA YAUUtl
owner
List the names and addresses of all persons having any ownership interest in the property involved. V. ProQertips 3138 Verde Ave. Carlsbad, CA 92008
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
addresses of all individuals owning more than 10% of the share9 in the corporation or owning any paRne
interest in the partnership. Steve Gardalitv Koros Vakhshour 3138 Verde Ave. 3636-2 La J0ll-a ViUaap nr* Carlsbad CA 92008 La Jolla, CA 92037
If any person identified pursuant to (1) or (2) above is a non-profit organiration or a trust, list the names
addresses Of any person serving as officer or director of the non-profit organization or as trustee or benefi of the trust.
(Ovfv)
. .
. : -
Disclosure Sbtemerrt
5. Have you had more than $250 worth of business transacted with any member of City staff, EC;
Commissions, Committees and Council within the past twelve months?
Yes - NO - tf yes, pIeaS8 indicate p8rSOn(S)
Person is defined as: ‘Any individual, firm, copartnership, joint venture, association, social club, fraternal
organization, corporation, Bstate, trust, receiver, syndicate, this and any other county, my and county, city
municipality, district 01 other political subdivision, Or any other group Or combination acting as a utxt:
(NOTE: Attach additional pages as necessary.)
For: G.V. ProDerties STEVE GARDALITY
Print or type name of owner Print or type name of applicant
.- BACKGROUND DATA SHEET L .
CASE NO.: CT 90-33/CP 90-10
CASE NAME: GARDALITY CONDOMINIUM CONVERSION
APPLICANT: STEVE GARDALITY
REQUEST AND LOCATION: TENTATIVE MAP AND PLANNED DEVELOPMENT PERMIT
TO CONVERT 12 EXISTING SINGLE FAMILY RENTAL UNITS TO AIRSPACE
CONDOMINIUMS.
LEGAL DESCRIPTION: LOTS 515. 516 AND 517 OF LA COSTA MEADOWS UNIT
NO. 3. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 7076 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 6.1971.
APN: 215-360-04. 05. 06 Acres 1.724 Proposed No. of Lots/Units 1 Lot/l2 Units
(Assessois Parcel Number)
GENERAL PLAN AND ZONING
Land Use Designation RMH
Density Allowed 8-15 Density Proposed 9.2
Existing Zone RDM ,Proposed Zone
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements) Zoning Land Use
Site RDM (RMH) Single Family Rentals
North R-l (RLM) Single FamiIv
South RDM (RMH) Multinle Family (Condominiums)
East RDM (RMH) Vacant
West RDM (RMH) MultiDIe Family (Condominiums)
PUBLIC FACILITIES
School District San Marcos Water District San Marcos Countv Sewer District Leucadia Equivalent Dwelling Units (Sewer Capacity) 12
Public Facilities Fee Agreement, dated November 8. 1990
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
1 Certified Environmental Impact Report, dated
!if&F* r CEOA does not annlv to nroiects which are not auoroved.
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CT90-33/CP 90-10 GARDILITYCONDOMINIUMCONVERSION
NOVEMBER20.1991
APPENDIX "A"
II DEVELOPMENT STANDARDS t
REQUIRED 1 PROVIDED ABOVE STD BELOW STD
--
Private:
PRIVATE
PARKING:
quest
unit
Road Width
RV Storase
Unit
Storage
SETBACKS:
front
1,200 sq.ft 1,200 sq.ft 1,250 sq.ft 50 sq.ft 2,040 sq.ft 840 sq.ft
6 7 1 --
2 per unit 2 per unit -- --
30-32 ft 30-32 ft -- --
240 sq.ft 240 sq.ft -- --
390 c.ft 390 c.ft -- --
10-20 ft 10 ft I -- l --
7.71 ft 2.71 ft --
65 ft 55 ft --
Y 1
” .
.- -
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Olfice oi fhe Cify Clerk
APPEAL FORM
TELEPHONE d
(619) 434-2808
I (We) appeal the following decision of the ~f.-.~kl~t,~ G ?uMILII~S[O~
to the City Council:
Project Name and Number (or subject of appeal):
c-i- 40-3-3/cp qe,-li> 3 PED~CI-?- Y cJmJcm lkll al II R 64
crfOkidV&125iOU
Date of Decision: t-fa~E6-2cFR 7cn I99 I
Reason for Appeal: 1, AhlD --ME WGIf,ff i3Ut,W-lORT) -j3+CF\V/C>
7-f-i I?- 9?20sx?T Gwc1LD E- d7Kf~r~QRfED 7.0 / kiWWp.t~L
bLflT5;, 45 70 72 ATXF --Ku -5EL.L 7t-lE~r TCCJ itiD(~IDwx.L
&2..d~EpL;, z-7 lJ)(C-/ YLUi-fAd,C~ ~I-&? .&%A. &kJr> /k5C' I
2/z/q 1
Date ' /
t mF
Signature
a- &L/E l$%RD&c 177
Name (Please Print)
31397 v73jzm& .AVE .
Address
94 -Ti%?s .
Te'kphonedumber
MINUTE6
that he would be happy to present this &gZZ*rd at their next meeting.
rhere being no other persons !ommission on this topic, :estimony closed and opened the item for
:ommission members.
C~~:~o;,:li:
November 20, 1991 PLANNING COMMISSION Page 6
dotion was duly made, seconded, and carried to adopt
?lanning Commission Resolution No. 3312 approving CUP 130(A) ,ased upon the findings and subject to the conditions zontained therein.
) CT 90-33/CP 90-10 GARDALITY CONDOMINILR4 CONVERSION - Request for approval of the airspace condominium
conversion of an existing 12 unit single family apartment project located on Unicornio Street in the RDM Zone, RMIi General Plan Designation, and Local Facilities
Management Zone 6.
9nne Hysong, Assistant Planner, reviewed the background of
:he request and stated that the project being presented is a request for a tentative map and condominium permit allowing the conversion of 12 existing single family apartment units
located on the north side of Unicornio between Cacatua and El Fuerte Streets in the RDM Zone. The apartment units were
'onstructed in 1987 as three separate 4-unit apartments requiring only building permits. As a result, they received no previous discretionary approval.
Condominium conversions are subject to the Planned
Development (PD) Ordinance which requires compliance with both development and design standards. There is no provision in the PD Ordinance for a reduction in development or design
standards for existing projects requesting conversion to condominiums. Therefore, existing projects are reviewed against the same design criteria as new projects.
The Planning Department is recommending denial of the project because, although the projects provides the amount of
amenities required by the PD Ordinance, it fails to comply with design criteria requiring a safe and efficient street
system, which does not dominate the site or conflict with pedestrian circulation, and a useable and easily accessible common recreation area. The project is served by two 30-32 ft. wide private driveways; one is double-loaded and serves eight units while the other is single-loaded and serves four
units. The dual driveway design separates the project into two distinct parts and replaces potential landscape area with hardscape. As a result, the two driveways, including the
garage entry drives and guest parking bays, visually dominate the project with excessive hardscape. In addition, the driveway design does not provide safe and efficient
automobile and pedestrian access because awkward automobile
maneuvering is required to exit some of the rear units, i.e. back up distances of up to 75 ft., which create potential
conflicts and visibility problems.
Ms. Hysong presented a diagram of the project on the overhead for the benefit of the gallery (Exhibit "X" to the staff
report).
No separate pedestrian access into the project is provided
from Unicornio Street, which forces pedestrians into the Driveway to enter the project and circulate around the project . The private driveways cannot provide the 20 ft. of
Iolmes
s Zchramm
.
MINUTE;
November 20, 1991 PLANNING COMMISSION Page 7
[ueuing distance required at the entries from Dnicornio rithout partially blocking the garage entry drives of the iront units. The proposed common recreation area consists of
L spa located within a 20 ft. separation between two of the year unit garages. This location does not comply with design ziteria for common recreation use since it is located in an
Lrea which residents could perceive to be a private yard area Lnd which does not provide sufficient area for landscaping lnd buffering of noise, which may impact residents occupying
:he adjacent units.
:n summary, condominium conversion projects must comply with )oth development standards and design criteria specified by :he PD Ordinance. Although this project complies with the minimum development standards, it is not designed to function !fficiently or to accommodate ammenities in accordance with :he required PD Ordinance design criteria. There is no
zovision in the PD Ordinance to allow reduction in design standards for existing projects. Approval of the project
rould set a precedent for allowing the condominium conversion )f many existing apartment projects not designed to PD standards. Therefore, staff recommends denial of this
xoject.
Zhairman Holmes opened the public testimony and issued the
.nvitation to speak.
iteve Gardality, 3138 Verde Avenue, Carlsbad, addressed the
Commission and stated that when the apartments were nziginally built, he anticipated conversion to condominiums. iowever, a moratorium would not allow conversion at that :i.me. The majority of his tenants have lived in the complex
Oar a very long time. There have been no complaints from
:enants about the proposed conversion. The way the project .s laid out would not permit structures to be relocated or Roved around. Prior to tonight's hearing, Mr. Gardality stated that he discussed the possibility of condominium :onversion with other residents of the neighborhood. As a
result, many of the neighbors have signed letters in support >f the conversion. Seven (7) letters were submitted to the
linutes Clerk which will be on file in the Planning :ommission.
Zommissioner Schramm inquired how many of the units are :urrently rented. Mr. Gardality replied that all 12 are rented; however, one tenant recently moved out and the :eplacement tenant has not yet completely moved in.
:ommissioner Schlehuber inquired if the applicant understands :hat the code requirements are different for apartments than :hey are for condominiums. Mr. Gardality replied that he is
aware of this point, although he doesn't understand the reasoning behind it. The project will be there regardless, and he feels it would be an advantage to the City, and the
neighborhood, for the tenants to participate in the ownership.
John Barry, 2840 Cacatua, Carlsbad, addressed the Commission
and stated that he lives to the north of the project. Of all the projects in this area, Mr. Gardality's complex is the nicest and best maintained. He feels it is much better than the condominiums which were recently approved at the corner of Alga and El Fuerte.
Loren Sanders, 2837 Cacatua, Carlsbad, adQressed the Commission and stated that he lives just below the project.
. . MINUTE;,
November 20, 1991 PLANNING COMMISSION Page 8 COMMISSIONERS \
Ie would like to see ownership instead of tenancy because it rould improve the neighborhood.
hlex Pantich, Land Space Engineering, 201 East Grand, fscondido, a civil engineer representing the applicant, addressed the Commission and stated that the existing project
?as approved 4-5 years ago. There is no difference in :raffic safety whether the project is an apartment or a :ondominium. The traffic will not change. The driveways are zurrently 16 ft. wide. However, it is possible to reduce the
ridth to 12 ft. which would allow additional area for queuing )f cars. He stated that there is a lot of open space. If :he fence were removed at the rear of the project, there
rould be a large green belt around the complex which could be Ised for other things.
:ommissioner Savary inquired about the intensity of the steep slope at the rear of the property, behind the retaining wall. 4r. Pantich replied that the slope is 2:l but it could be
adjusted to allow room for a pedestrian walkway.
bne Hysong, Assistant Planner, confirmed that the slope is,
Lndeed, a 2:l slope but that staff considers it to be Indevelopable.
4r. Pantich replied that no structure would be built--only a pedestrian walkway.
Chere being no other persons desiring to address the Zommission on this topic, Chairman Holmes declared the public
:estimony closed and opened the item for discussion among the :ommission members.
Zommissioner Schlehuber does not feel this is a good :onversion because the traffic design is inferior and it :annot be changed. As a result, he cannot support the
:onversion.
4otion was duly made, seconded, and carried td adopt Planning :ommission Resolution Nos. 3306 and 3307 denying CT 90-33 and
:P 90-10, based on the findings contained therein.
Ihairman Holmes advised the applicant that he has 10 calendar lays in which to appeal the Planning Commission's decision. Cf he is interested in filing an appeal, he can do so with
zhe City Clerk at City Hall.
3) cuP41-3 ARC0 AM/PM - Request for approval of 2,771
Zone 5.
island with 12 pumps.
ill code requirements for height and setback. permitted with the approval of a CUP as a service/retail use
TO support the surrounding industrial park. Traffic ;enerated by the project was analysed by a traffic consultant md levels were determined to be within the capacity of ?xisting streets.
Holmes
Noble
Savary Schlehuber Schramm
.
December 24 1991
City of Carlsbad
City Council Office
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Council Members,
I moved from Solana Reach in 1982 and my family agrees that this city is one of the best p!aces
in our country to live . The City and its Planning Commission deserve much credit for this. I
live directly below the Gardality 12 unit Residential Project that is under appeal at the meeting
on January 7, 1992 at 6:00 PM. I attended the Planning Commission hearing and felt that a
member or two of the Planning Commission were not fully appreciative of what was best for
the community that lives near this residential project. One member cited that the project was
built before the current ordinances were in place, but it seemed as if he wanted to punish Mr.
Gardality for the design of his driveways, that were said to be unsafe to back up from. I think
that you will agree that backing up is always more hazardous than moving forward, but the
project has been built for four years now and without an incident.
To me the most important issue to those of us who live in the neighborhood is how this property
is going to be used and taken care of. I expressed to the Planning Commission that if the project
was allowed to become condominium instead of tenant occupied, that it would be better for the
neighborhood all around. Private ownership of each unit would extend the economic life of
these attractive dwellings and create more taxes to the city than apartments.
I came away from the Planning Commission meeting asking myself, “what was the purpose of
this meeting?” Many people question the purpose of government and say that too often it is
unresponsive to the people whom it is intended to help. Also, there is a move to replace some
of the restrictiveness of government which is proving to be tot costly in +&at it is driving
businesses and precious jobs from California.
Finally, I value my neighborhood and the members of the city council can demonstrate their
concern for our neighborhood by approving this condominium conversion. It is in the best
interest of the City and those who live near it. Thank you.
.2837 Cacatua Street
La Costa, CA 920096
.
January 19,199l
Carlsbad City Council
Carlsbad, California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on %icwrT& Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
L
Signed _ y&&9&P ..&
Jg2g [~tzzI$k& s
January 19,199l
Carl&ad City Council
Carlsbad, California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicomia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
Signed _
*ti
w Ym4
klmmy 19, 1991
2rlsbad City Council
Carlsbad, California
‘<E: CT 90-33 GARDALITY CONDO CONVERSION
ku Council Members:
We, the neighbors of the property on Unicomia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
%L
Signed _ 2L; ~cJ?w L
.
1
January 19, 1991
Carlsbad City Council
Carlsbad, California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicomia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
/ Signed _ @4
2833 &c&S
4w e4 %wQ9
438 794 76
January 19, 1991
Carl&ad City Council
Carlsbad, California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicomia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
f$ @!$c!*FF SigneC. 0 E,
d8’fl CfiCfmA w
CARLrww ( cf%-
G-309
-
January 19,199l
Carlsbad City Council
Carlsbad, California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicornia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
January 19,199l
Carlsbad City Council
Carlsbad , California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicornia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
Signed _
January 19,199l
Carlsbad City Council
Carlsbad , California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicomia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
January 19,199l
Carlsbad City Council
Carlsbad, California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicornia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
wkf--
January 19, 1991
Carlsbad City Council
Carlsbad, California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicornia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
AC? c
Signed _ p*tE&
.A”icl a
January 19,199l
Carlsbad City Council
Carlsbad, California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicomia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
Signed _ ; &w+/!
January 19,199l
Carlsbad City Council
Carlsbad , California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicornia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
Signed _
January 19, 1991
Carlsbad City Council
Carlsbad, California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicomia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
Signed _
AA.- a5k l2-tda &/tbLd, &L 9JN99
c
January 19,199l
Carlsbad City Council
Carlsbad, California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicomia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
Signed _
January 19,199l
Carlsbad City Council
Carlsbad, California
RFx CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicomia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
Signed _
( ‘L./
i?$yd &~/I-T-&~
. .
January 19,199l
Carlsbad City Council
Carlsbad, California
RE: CT 90-33 GARDALII’Y CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicomia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
January 19,199l
Carlsbad City Council
Carlsbad, California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicomia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
Signed _
H# I-m f& 7-h 5s
January 19, 1991
Carlsbad City Council
Carlsbad, California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicomia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
January 19,199l
Carlsbad City Council
Carlsbad , California
RE: CT 90-33 GARDALITY CONDO CONVERSION
Dear Council Members:
We, the neighbors of the property on Unicornia Street urge the City Council to approve the
Condo Conversion referred to above. At present there are tenants in the homes and their
tenancy does not coincide with the best interest of the neighborhood. We strongly feel that
individual ownership will improve property values, closer community ties that lead to a less
crime and a stronger neighborhood watch program.
The City of Carlsbad will benefit from the collection of greater tax revenues and fewer problems
for our neighborhood.
Your help will always be appreciated by the members of this community.
Signed _
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of fhe Cify Clerk
DATE. . December 2, 1991
TO: Bobbie Hoder, Planning:
TELEPHONE
(619) 434-2808
FROM:
RE. .
Karen K., Clerk's Office
CT 90-33/CP 90-10
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the appeal was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
all parties.)
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call.
----------------------------------------------------------------------------
The appeal of the above matter should be scheduled for the City Council
Meeting of .
Signature Date
-1 .T1-l * . ,~,* /_ -. ..-iir,C ,T” x
- * CITY OF CARLSBAD
1260 CARLSBA. JILLAGE DRIVE CARLSBAD, ;e .LIFORNIA 92008
438-5621
ACCOUNT NO. DESCRIPTION AMOUNT .., ,.. _ 2 ;..I ” .1 I I’. ! Y” .,‘1.1’ -,i, ,:, .( ,__,, - $5 \‘:,. :-CL -- ,+ l&J-, ‘r’, I’!J- ) i L”,, (~ ! g.* ,‘, I / , fi cr4 i’ w- I \J ~ ,,, /, P& L I 1 -- 1 1 -.d ‘. I
,7$ .!+ ; 1 .@“:” <J3-) / q?: ;r’ .,:, ‘,.$ - I.. /::‘, . . b c-1, : , I g,.-: I
RECEIPT NO. 9724
I I TOTAL t-k 1 -iv I ; 1 [ ‘d I
.._. ., ,. .._.__ ,.-. ._.. I- .__-___ --.. _^~. .I-_-..__A,L --.. _- . ..I_. ----.-.;in-----*~“--rr-r,
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
APPEAL FORM
TELEPHONE
(619) 434-2808
I (We) appeal the following decision of the ?LAtitiIti L Uptkll5SlQ)d
to the City Council:
Project Name and Number (or subject of appeal):
-I- / W-33/CQ 4v-tc3 Pw2mxity CQ~'DRQ/\IL\ltRIC/1
CfXiklE12L;iOh)
Date of Decision: kkyrnKPP 7A rsw
Reason for Appeal: I\ A-LO Tti& &li;i/,Hi3UllftY+-itWD -SF C6 NE-5
7/-l E QEOJEc?T ccvkx.dLD B O~b~/‘I~TED -70 /v-alVI~Ac
HLlI75, ,A5 ‘70 ‘-Hi? A&y m si?Lu- wEil To Iv-mYlDcAPC
L7tiwEP5 \ I.7 Lt)iLL FtiH~wcE ~kf'i? &??A. m /kQ3
&LI, f7lp bLPE.A?e +ilfifiEla pgzof:~n 'T‘Jf+yl?.s c
W-GW Date '
G- &k/E? &kfQbc I ‘;“(
Name (Please Print)
312 *
Address
CarmDaa dournal
Decreed A Legal Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543
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 weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper
is published for the dissemination of loca1 news and intelIigence of a genera1 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, printed and published at regular intervals in the
said City of Oceanside, County of San Diego, State of California, for a period exceeding one year next
preceding the date of publication of the
PUBLIC HEARING
APPEAL CT go42/CP go10
NOTICE IS HEREBY GIVEN that theCityCouneiloftheCityofCarls. bad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:OO P.M., on Tuesday, January I. 1982, to consider an appeal of the Planning Commission denial of an application for an airspace con- dominium conversion of an ex- Isting 12 unit single family apart- ment project on property generally located on Unicornlo Street, in the RDM Zone, RIdH General Plan De- signation, and in Local Facilities Management Zone 6, and more par- ticularly described as:
L.&-mm Meadows &t’No. 3 in the City of Carlsbad, County of San Diego, State of California, according to Mar, thereof No. 7076. filed in the Oft&e of the County’Reeorder of San Diego County, on October 12, 1871. If you have any questions regard- ing this matter, please call Anne Hysong in the Planning Depart- ment at 4X61181, ext. 44T7. If you challenge the Tentative Map and/or Airspace Condomi- nium Conversion in court, you may be limited to raising only those issues raised by you or someone else at the public hearing de- scribed in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s OMce at or prior to the public hearing. Applicant: Steve Gardality CARLSBAD CITY COUNCIL
GA~IDALIW cotfw cotmmof4
U SWk December 27.1921
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 follow-
ing dates, to-wit:
December 27 19%
19-
R-
19-
19-
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Carlsbad, County of San Diego, State of
California onthe 27th
day of December, 1991
LA- Clerk of the Printer
NOTICE OF PUBLIC HEARING
APPEAL
CT 90-33/CP 90-10
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:00 p.m., on Tuesday, January 7, 1992, to consider an appeal of the Planning Commission denial of an
application for an airspace condominium conversion of an existing 12 unit single
family apartment project on property generally located on Unicornio Street, in
the RDM Zone, RMH General Plan Designation, and in Local Facilities Management
Zone 6, and more particularly described as:
Lots 515, 516, and 517 of La Costa Meadows Unit No. 3
in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 7076, filed in the Office of the County Recorder of San Diego County, on October 12, 1971.
If you have any questions regarding this matter, please call Anne Hysong in the Planning Department at 438-1161, extension 4477.
If you challenge the Tentative Map and/or Airspace Condominium Conversion in court, you may be limited to raising only those issues raised by you or someone
else at the public hearing described in this notice, or in written correspondence
delivered to the City of Carlsbad City Clerk's Office at or prior to the public
hearing.
APPELLANT: Steve Gardality
PUBLISH: December 26, 1991
CARLSBAD CITY COUNCIL
.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold 1
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm n
Avenue), Carlsbad, California, at 6:00 p.m. on Wednesday, November 20,1991, to consider
approval of the airspace condominium conversion of an existing 12 unit single family apartment project on property generally located on Unicomio Street in the RDM Zone,
RMH General Plan Designation, and Local Facilities Management Zone 6 and more particularly described as:
Lots 51.5, 516 and 517 of La Costa Meadows Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to the Map
thereof No. 7076, filed in the Office of the County Recorder of San Diego County, October 6, 1971.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after November 13, 1991. tf you have any questions, please call Anne Hysong in the Planning Department at 438-1161,
ext. 4477.
If you challenge the Tentative Tract Map/Airspace Condominium Conversion in court, you
may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice or in written correspondence delivered to the City of Carlsbad at -
or prior to the public hearing.
CASE FILE: CT 90-33KP 90-10
APPLICANT: GARDALITY CONDOMINIUM CONVERSION
PUBLISH: NOVEMBER 7, 1991
(Form A)
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
CT 90-33/CP 90-10 - GARDALITY CONDOMINIUM CONVERSION -- APPEAL
for a public hearing before the City Council. f
Please notice the item for the council meeting of
Thank you.
MARTY ORENYAK
Assistant City Manager
12/g/91
Date
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