HomeMy WebLinkAbout1985-03-13; Planning Commission; ; CT 84-40|CP 301 - HARDING SQUARE CONDOMINIUMSAPPLICATION SUBMITTAL DATE:
NOVEMBER 1 __
STAFF REPORT
March 13, 1985
Planning Commission
Land Use Planning Office
CT 84-40/CP-301 - HARDING SQUARE CONDOS - A request for
a 24 unit tentative tract map and condominium permit on
the southeast corner of Harding Street and Oak Avenue
in the RD-H zone.
DATE:
TO:
FROM:
SUBJECT:
NO RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution
No. 2417 DENYING CT 84-40/CP--301 based on the findings contained
therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting approval of a 24 unit tentative
tract map and condominium permit located as described above.
The project will be located on a .59 acre site and have a
density of 40.6 du/ac. This is slightly above the general plan
range designated on this site of 30-4•0 du/ac. The site is
presently occupied by five older single family homes.
The proposed project will consist of 24 two-bedroom units. All
of the required resident and visitor parking will be provided in
an underground parking garage. A common recreation area will be
provided in the central portion of the project with a jacuzzi,
putting green, mallet pool, a shuffleboard court, miniature par
course and a sunning area. In addition, each unit will have a
private balcony or patio. The required storage will be provided
in closets located in the garage and on the balconies and
patios.
On June 8, 1983, the Planning Commission approved a General Plan
Amendment, Zone Change and Site Development Plan on this site.
The General Plan Amendment and Zone Change allowed the density to
be increased from 10-20 du/ac to 30-40 du/ac. The Site
Development Plan approved a 24 unit, one and two bedroom,
apartment project with a density of 40.6 du/ac. As a part of
this approval, the applicant agreed to enter into an agreement
to provide at least 25 percent of the units for persons or
families of low or moderate income. At the time of approval, the
applicant indicated that he intended to apply for a condominium
conversion in the future. The applicant was informed that the
project would have to comply with the development standards and
design criteria of the Planned Development Ordinance and the
project would have to be able to justify the proposed density.
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III. ANALYSIS
1) Does the proposed project conform with the development
standards and design criteria of the Planned Development
Ordinance?
2) Does the design of the project and the proposed amenities
justify approval of this project at the top end of the
density range?
3) Does the proposed project comply with the requirements of
City Council Policy 7872?
Discussion
As proposed, this project conforms with the minimal standards of
the Planned Development Ordinance in regards to parking,
recreation areas, and storage. Due to the small size of the
lot, .59 acre, and the high density of the project, there will
be almost no buffering of the individual living units from the
common recreation areas.
Staff does not believe that the design of the project and the
proposed amenities justify the requested density of 40.6 du/ac.
As mentioned previously, this project only meets the very minimal
standards of the Planned Development Ordinance and is extremely
tight. Staff believes a project that meets the minimal
development standards of the Planned Development Ordinance does
not justify approval at the very top end of the density range.
The applicant believes that since a 24 unit apartment project
was previously approved on this site, this establishes precedent
for the approval of a 24 unit condominium project on this site.
Staff disagrees since the development standards for a
condominium project are significantly different than those for
an apartment project. Condominium projects require more
resident parking, on-site guest parking, recreation facilities
and storage areas.
The applicant also believes that the density is justified
because he is offering to provide six units, 25 percent of the
total, for purchase by persons or families of low or moderate
income. Staff believes that this is beneficial, and this is why
the applicant received the special 30-40 du/ac category, but
within that category the density should still be justified.
As proposed this project does not comply with City Council
Policy 7872. This policy states that no project shall be
approved above the mean density of the General Plan range if
there are traffic or circulation impacts that cannot be
mitigated. The mean density for this site is 35 du/ac., which
would permit 20 units. Much of the traffic generated by this
project will use Elm Avenue. The portion of Elm Avenue
closest to this project already suffers from congestion due to
the number of curb cuts and the street's geometry.
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The Engineering Department has identified the intersection of
Carlsbad Boulevard and Elm Avenue as operating at well below
design standards at PM. peak hour at build-out conditions.
Further study of off-peak hour traffic levels of service are
presently being performed. The data may be available at the
time of this hearing. Additionally, we must point out that Elm
Avenue has a disproportionate share of traffic accidents when
compared to other links in the city's circulation system.
Additional traffic on Elm Avenue can only serve to worsen the
accident record on this street.
In conclusion, staff believes that the design of the project
and the amenities provided do not justify the requested
density. In addition, this project does not comply with City
Council Policy No. 7872. Therefore, staff recommends denial of
CT 84-40/CP-301.
IV. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project
may have significant environmental impacts and, therefore,
cannot issue a Negative Declaration.
Attachments
1. Planning Commission Resolution No. 2417
2. Location Map
3. Background Data Sheet
4. Disclosure Form
5. Staff Report dated, June 8, 1983
6. Reduced Exhibits
7. Exhibits "A" - "F" dated, February 4, 1985
MH: ad
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ObCATION MAP
ELM AVE
_ OAK _
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HARDING ST CONDOS CT 84-40ICP-301
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BACKGROUND DATA SHEET
CASE NO: CI' 84-40/CP-301
APPLICANT: Harding Square Condos
REQUEST AND LOCATION: 24 unit tentative tract map and condominium permit on the
southeast corner of Harding St and Oak Avenue
LEGAL DESCRIPTION: That portion of Lot 1 of Tracts 114 and 120 at Carlsbad
Lands per Map No. 1774, filed January 3, 1923 APN: 204-040-01
Acres .59 Proposed No. of Lots/Units 24
GENERAL PLAN AND ZONING
Land Use Designation 1
Density Allowed 30-40 du/ac Density Proposed 40.6 du/ac
Existing Zone RD-H
Surrounding Zoning and Land Use:
Zoning
Site RD-H
North R-P
South R-3
East R-3
West R-3
Proposed Zone
Land Use
SFD
Office
SFD
SFD
SFD
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's
Public Facilities Fee Agreement, dated February 27, 1985
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
E.I.R. Certified, dated
Other,
5.
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Number Teiepofr
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5551 I -
Home Address - -
Business Address -
lephor.. Nter - Te1epone lumber
5 55
MAR
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S
(Attach more sheets if necessary)
der penalty of perjury that the information contained in this dis-
an4 correct and that-.it will remain true and correct and may ber - -
be.ng true and correct until a'nended.
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- F. J-. Gisnik
Applicant - S
Agent, nt,v$flI1.-
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£.1E,Hrfr* AccSt%l5 -
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STAFF REPORT
DATE: June 8, 1983
r.ro: Planning Commission
FROM: Land Use Planning Office
9,1ication Submittal Date:
· ·April ·a, ·19s3
SUBJECT: GPA-69(B)/ZC-277/SDP 83-5 -ZIMMERMAN/CHANDLER -A
request to amend the Land Use Element of the General
Plan; a Zone Change and approval of a Site Development
Plan for a .59 acre parcel at the southeast corner of
Harding Street and Oak Avenue.
Io RECOMMENDATION
It is recommended that the Planning Commission approve the
Negative Declaration issued by the Land Use Plann~ng Manager and
adopt Resolution no. 2137, approving SDP 83-5 and Resolutions
nos. 2135 and 2136, recommending approval o~ GPA-69(8) and
ZC-277 to the City Council based on the findings and subject to
the conditions contained therein.
II. PROJEC•r DESCRIPTION
The applicant is requesting approval of three applications:
1) An amendment of the Land Use Element of the General Plan
from Residential Medium-High Density (10-20 du/ac) to
Residential Very High (30-40 du/ac); and
2) A zone change from R-3 (Multiple Family Residential) to RD-H
(Residential. Density-High); and
3) A Site Development Plan for a 24 unit apartment project.
The property is .59 acres in size and located at the southeast
corner of Harding Street and Oak Avenue.
As the Commission is aware, the Land Use Element of the General
Plan can only be amended three times a year. A recent amendment
to State Planning·Law, however, exempts residential developments
that have at least 25 percent low or moderate income units (see
attachment). The applicant has provided an agreement and
monitoring program to assure that at least 25 percent of the
units will be ·available to persons and families of low or
moderate income.
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The proposed project will consist of 12 one bedroom and 12 two
bedroom apartments. All of the parking for the project will be
provided in an underground parking garage. Each unit will have
a private patio or deck. A common recreation area ·will be
provided.in the central portion of the project with a jacuzzi,
wet bar, and barbeque area. The applicant has indicated to
staff that he intends to apply for a condominium conversion
permit at a future date.
III. ANALYSIS
Planning Issues -GPA-69(B)
1) Is the proposed land use amendment to Residential Very High
density an appropriate designation for the site?
2) Would the proposed general plan amendment adversely impac~
the surrounding properties?
Discussion
Staff feels the proposed general plan amendment from Residential
Medium-High (10-20 du/ac) to Residential Very High (30-40 du/ac)
is an appropriate use for this site. One of the purposes of the
RVH general plan designation is to encourage higher densities
where they are appropriate, such as adjacent to the commercial
core and in the downtown area. Another of the purposes is to
encourage low and moderate income rental units. The proposed
project complies with both of these goals, it i$ immediately
adjacent to downtown Carlsbad and at least 25% of the units will
be available to persons and tamilies of low or moderate income.
Staff believes the proposed general plan amendment will not
adversely impact the surrounding neighborhood. Traffic
generated by the development plan being processed concurrently
with this general plan should not adversely effect the adjacent
street system. Harding Street has an 80' right-of-way and Oak
Avenue has a 60' right-of-way, yet carries relatively little
traffic. The property to the north of this site is occupied by
office uses. The properties on the other three sides of the
subject property are occupied by older single family residences
which will most likely be replaced by multiple family residences
in the future.
Planning Issues -ZC-277
1. Is the proposed RD-H zone consistent with the RVH general
plan designation?
2. Is the proposed RD-H zone and uses allowed within this zone
consistent with surrounding zoning and land uses?
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Discussion
Residential Density High (RDH) is the implementing zone for the
RVH general plan designation, therefore, the requested zone
change would be consistent with the proposed general plan
designation. As discussed in the previous paragraph, staff
believes that the uses allowed within this zone will be
consistent with surround-ing zoning and land uses.
Planning Issues -SDP 83-5
1. Is the site adequate in size and shape to accommodate the
proposed use?
Discussion -SDP 83-5
As proposed, staff does not feel the site is adequate in size to
accommodate the proposed project. The subject property has an
area of .59 acres and the applicant is proposing to construct 24
units. This would result in a density of 40.6 du/ac, which
would exceed the requested general plan designatiQn of RVH (30
-40 du/ac). Staff cannot recommend approval of a project· that
exceeds the density allowed by the general plan. Staff has
added a condition that the number of units be reduced to 23
which would result in a density of 38.9 du/ac.
At 38.9 du/ac, the project would be at the high end of the 30-40
du/ac range designated for the site. Staff can support this
density because the project exceeds all requirements for an
apartment -project and provides greater open space by locating
parking underground. Also, the project is providing 25% low and
moderate cost housing and is located near the central core of the
City.
The Commission should note that the proposed project does not
comply with the recreation, parking and storage requirements of
the Planned Development Ordinance. Staff would not recommend
approval of any future application for a condominium conversion
for this project if these standards are not met.
In summary, staff feels the proposed general plan amendment and
zone change are appropriate for the site·and will not adversely
effect adjacent properties. With the deletion of one unit, the
site is adequate in size and shape to accommodate an apartment
project. Staff therefore, recommends approval of GPA-69(B}/ZC-
277 and SDP 83-5.
III. 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 Negative Declaration on May 15, 1983.
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ATTACHMENTS
1. PC Resolution Nos. 2135, 2136 and 2137
2. Location Map
3. Background Data Sheet
4. Disclosure Statement
5. Section 65361 of the Government Code
6. Agreement from the applicant dated
7. Environmental Documents · ---------
8. Reduced Exhibit 11 x 11
9. Exhibits 11 A11 -11 E11 , dated May 6, 1983
MH/ar
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PLANNING COMMISSION RESOLUTION NO. 2135
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL
OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE
GENERAL PLAN FROM RESIDENTIAL MEDIUM HIGH (RMH)
DENSITY TO RESIDENTIAL VERY HIGH (RVH) DENSITY ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER
OF HARD.ING STREET AND OAK AVENUE.
APPLICANT: ZIMMERMAN/CHANDLER
CASE NO: GPA-69(B)
WHEREAS, a verified. application for an amendment to the
8 General Plan designation for certain property located, as shown on.
9 Exhibit "X", dated May 20, 1983, attached and incorporated herein,
10 have been filed with the Planning Commission; and
ll WHEREAS, said verified applications constitute a request
12 for amendment as provided in Title 21 of the Carlsbad Municipal
13 Code; and
14 WHEREAS, the Planning Commission did, on the 8th day of
15 June, 1983, hold a duly noticed public hearing as prescribed by
16 law to consider said request; and
17 WHEREAS, at said public hearing, upon hearing and
18 considering all testimony and arguments, if any, of all persons
19 desiring to be heard, said Commission considered all factors
20 relating to the Ge'neral Plan Amendment.
21 NOW, THEREFORE, BE I~ HEREBY RESOLVED by the Planning
22 Commission of the City of Carlsbad, as follows:
23 A)
24 B)
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That the above recitations are true and correct.
That in view of the findings made and considering the
applicable law, the decision of the Planning Commission is to
recommend APPROVAL of GPA-69(B), as shown on Exhibit "X",
dated May 20, 1983.
26 Findings
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1 ) The site·is adequate in size and shape to accommodate
residential development at the density proposed.
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Uses allowed in the proposed, Residential Very High Density,
land use designation are compatible with surrounding land uses
for reasons stated in the staff report.
The project is consistent with all city public facility
policies and ordinances since:
a) Sewer service is not required for a general plan
amendment and subsequent development of the property will
require the availability of sewer service to serve such
developments or construction cannot occur.
b) 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.
A Negative Declaration has been issued by the Land Use
Planning Manager and approved by the Planning Commission and
June 8 , 1 9 8 3.
The proposed amendment is exempt from the mandatory review
period of three times per year pursuant to Section 65361 of
the California Government Code.
Conditions:
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Approval of GPA-69(B) is granted subject to approval of Zone
Change 277 and Site. Development Plan 83-5.
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 April 5,
1983, 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 consist·ent with the General Plan and
approval for this project shall be void. _
At least 25% of the units shall be made available to persons
or ·families of low or moderate income as defined by Section
50093 of the State Health and Safety Code.
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/Ill PC RESO NO. 2135 -2-
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
2 Planning Commission of the city of Carlsbad, California, held on ' . 3 . the 8th day of June, 1983, by the following vote, to wit:
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AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. HOLZMILLER,
Land Use Planning Manager
PC RESO N0.-2135
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2136
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL
OF A ZONE CHANGE FROM MULTIPLE FAMILY RESIDENTIAL
(R-3) TO RESIDENTIAL DENSITY HIGH (RD-H) ON
PROPERTY GENERALLY LOCATED-ON THE SOUTHEAST CORNER
OF HARDING STREET AND OAK AVENUE.
APPLICANT: ZIMMERMAN/CHANDLER
CASE NO: ZC-277
WHEREASr a verified application for certain property, to
That por~ion of Lot 1, subdivision of tracts 114 and 120
of Carlsbad Lands per Map No. 1744 filed January 3, 1923
filed with the City of Carlsbad, and referred to the
Commission; and
WHEREAS, said application constitutes a request as
by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did· on the 8th day of
15 June, 1983, hold a duly noticed public hearing as prescribed by law
16 to consider said request; and
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WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
19 desiring to be heard, said Commission considered all factors
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relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
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That the· foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the
Commission recommends APPROVAL of ZC-277, based on the
following findings and subJect to the following conditions:
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J. Findings:
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The proposed change of zone to RD-His consistent with the
general plan designation of RVH since .a designation like this
is applied to an area that is suitable.for very high density
multi-family residential development.
The ROH zone is compatible with surrounding properties since
the subject property is immediately adjacent to the commercial
core of downtown and many of the surrounding ~roperties will be
developed with multiple family residences in the future.
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 £ind that public facilities will be available
concurrent with need as required by the General Plan.
The Land use Planning Manager has determined that this zone
change will not have a significant impact on the environment
and therefore has issued a Negative Declaration on May 25,
1983, which was approved by the Planning Commission on June 8,
1983.
Concurrent with this zone change, a site
be approved by the Planning Commission.
the subject property is adequate in size
accommodate the proposed development.
development plan must
This will ensure that
·and shape to
The proposed change of zone is consistent with all other
elements of the general plan.
J.7 Conditions:
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Approval is granted for ZC-277, as shown on Exhibit "X", dated
May 20, 1983, incorporated by_ reference and on file in the Land
Use Planning Office.
This is approved upon the express condition that the applicant
shall pay a public facili~ies 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 April 5, 1983, 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 ZC-277 is granted subject to approval of General
Plan Amendment 69(B) and Site Developmen~ Plan 83-5.
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28 II I I PC RESO NO. 2136 -2-
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At least 25% of the units shall be made available to persons or
families of low or moderate income as defined by Section 50093
of the State Health and Safety Code.
3 PASSED, APPROVED AND ADOPTED at a.regular meeting of the
4 Planning Commission of the city of Carlsbad, California, held on th
5 -8th day of June, 1983, by the .following vote, to wit:
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AYES:
NOES:
ABSENT:
ABSTAIN:
15 MICHAEL J. HOLZMILLER,
Land ·use Planning Manager
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CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2137
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING SlTE DEVELOPMENT
PLAN NO. 83-5, FOR A 24 UNIT APARTMENT PROJECT
CONTAINING A MINIMUM OF 25% LOW AND MODERATE INCOME
UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF HARDING STREET AND OAK AVENUE.
APPLICANT: ZIMMERMAN/CHANDLER
CASE NO: SDP 83-5
WHEREAS, a verified application has been filed with the
7 City of Carlsbad, and referred to the Planning Commission; and
8 WHEREAS, said verified application constitutes a request
9 as provided by Title 21 of the Carlsbad Municipal Code; and
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WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 8th day of June, 1983,
consider said request on property described as:
That portion of Lot 1 Subdivision of Tracts 114 and 120 of
Carlsbad lands per Map No. 1744 filed January 3, 1923
WHEREAS, at said hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be
17 heard, said Commission considered all factors relating to Site
18 Deve~opment Plan No. 8 3-5.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the ·city of Carlsbad as follows:
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That the foregoing recitations are true and correct.
That based on the evidence presented at the hearing, the
Commission APPROVES SDP 83-5, based on the following findings
and subject to the following conditions:
24 Findings:
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The project is consistent with the City's General Plan since
the site has been designated for very high density residential
development_by the Land Use Element -of the General Plan.
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The site is physically suitable for the type and density of
development since the site is adequate in size and shape to
accommodate the proposed residential development as stated in
the staff report.
The project is consistent with all city public facility pol-
icies and ordinances since:
a) The Planning Commission has, by inclusion-of an appropriat
condition to this project, insured that the final map will
not be approved unless the City Council finds that sewer
service is available to serve the project. In addition1
the Planning Commission has added a condition that a note
shall be placed on the final map that building permits may
not be issued for the project unless the City Engineer
determines that sewer service is available, and building
cannot occur within the project unless sewer service
remains available, and the Planning Commission is satisfie
that the requirements of the public facilities element of
the General Plan have· been met insofar as they apply to
sewer service for this project.
b)2 The Carlsbad School District .has written a letter, dated
April 5, 1983, stating that school facilities will be
available to this project.
c) Park-in-lieu fees are required as a condition of approval.
d) All necessary public improvements have been provided or
will be required as conditions of approval.
e) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities fee.
Performance of that contract and payment of the fee will
enable this bo<ly to find that public facilities will be
available concurrent with need as required by the General
Plan.
f) Assurances have been given that adequate sewer for the
project will be prov~ded by the city of Carlsbad.
The proposed project is compatiole with the surrounding land
uses since the properties on three sides of the subject
property have been designated for or developed with multiple
family residences.
This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on March 25, 1983 and approved by the
Planning Commission on June 8,'1983.
The proposed project will provide low and moderate income
rental housing as defined by Section 50093 of the State Health
and Saf~ty Code.
PC RESO NO. 2137 -2-
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Approval is granted for SDP 83-5, as shown on Exhibit(s) 11 A 11
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11 E11 , dated May 6, 1983, incorporated by reference and on file
in the Land Use Planning office. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
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 sewe
facilities are available at the time of application for such
sewer permits and will continue to be available until time of
occupancy.
This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by Cit1
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 April 5, 1983, 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.
The applicant shall pay park-in-lieu fees to the city, as
required by Chapter 20.44 of the Carlsbad Municipal Code.
,Approval of this request shall· not excuse compliance with all
sections of the Zoning Ordinance and all other applicable city
ordinances in effe~t at time of building permit issuance.
Water shall be provided by the city of Carlsbad unless some
other arrangement is approved by the City Council.
19 Land Use Planning Off ice
20 7 )
21
The applicant shall prepare a detailed landscape and irrigatio
plan which shall be submitted to and approved by the Land Use
Planning Manager prior tb the issuance of building permits.
22 8 ) All landscaped areas shall be maintained in a healthy and
t~riving condition, free from weeds, trash, and debris.
23
24
25
26
27
28
9) Any signs proposed for this development shall be designed in
conformance with the city's Sign Ordinance and shall require
review and approval of the Land Use Planning Manager prior to
installation of such signs.
10) All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded-from view and the soun
buffered from adjacent properties and streets to the
·satisfaction of the Land Use Planning Manager and Building and
Planning Director.
PC RESO NO. 2137 -3-
l
2
3
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6
1 1 )
1 2 )
1 3 )
14)
7 15)
8
-·-
.
Approval of SDP 83-5 is granted subject to approval of General
Plan Amendment 69(B) and Zone Change 277.
The proposed project shall be redesigned so the density does
not exceed 40 dwelling units per acre~
At least 25% of the units shall be made available to persons o
families of low or moderate income as defined by Section 50093
of State Health and Safety Code.
The trash enclosure shall be relocated so it does not intrude
into the frontyard or street sideyard setback.
The project shall not convert to condominiums unless all
requirements of Title 21, Section 21.45 are complied with in
their entire~y.
9 Engineering
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25
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16)
1 7)
18)
19)
20)
21 )
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading _of the site.
The grading for this project is d~fined as "regular grading" b
section 11.06.170(a) of the Carlsbad Municipal Code. The
developer shall submit a grading .plan for approval which shall
include all required drainage structures and any required
erosion control measures. The·developer-shall also submit
soils, geologic or compaction reports if required and shall
comply with all provisions of Chapter 11.06 of the Carlsbad
,Municipal Code.
No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
Additional drainage easements and drainage structures shall be
provided or installed as may·be required by the County
Department of Sanitation and Flood Contro~ or the City Engi-
neer.
The developer shall comply with all the rules, .regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
The design of all private streets and drainage systems shall b.
approved by the City Engineer prior to approval of building
permits. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests.
All private streets and drainage systems shall be inspected by
the city, and the standard improvement plan check and
inspection fees shall be paid prior to approval of building
permits.
27 PC RESO NO. 2137
·2a
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22)
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Fire ---··
25)
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29)
30)
/Ill
/Ill
/Ill
/Ill
/Ill
////
.e -
.
All private driveways shall be kept clear of parked vehicles a
all times, and shall have posted "No Parking/Fire Lane Tow Awa
Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
The parking as shown on Exhibit 11 C11 , dated May 6, 1983 is
specifically not approved. Parking space nos. 16, 25, and 37
shall be deleted. The support posts adjacent to the southerly
edge of spaces 25 and 37 shall be relocated northerly to the
southerly edge of spaces.24 and 36.
The driveway shall have a maximum slope of 10% with a maximum
4% transition at Oak Avenue within 10 feet of the City right-
of-way.
Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
Department.
Additional public and/or on site fire hydrants shall be re-
quired if deemed necessary by the Fire Marshall.·
The applicant shall submit two (2) copies ~fa site plan
showing locations of existing and proposed fire hydrants and o
site roads and drives subject to the approval of the Fire
Marshall.
All required fire hydrants, water mai~s and appurtenances shal
•be operational prior to co·mbustible building materials being
located on the project site.
Proposed security gate systems shall be provided with "Knox"
key operated override switch, as specified by the Fire De-
partment.
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.
II//' -5-PC RESO NO. 2137
.e -
J. PASSED, APPROVED AND ADOPTED at a regular meeting of the
2 Planning Commission of the city of Carlsbad, California, held.on th
3 8th day of June, 1983, by the following vote, to wit:
4 AYES:
5 NOES:
6 ABSENT:
7 ABSTAIN:
8
9
10
11 ATTEST:
12
13 MICHAEL J. HOLZMILLER,
14 Land Use Planning Manager
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28 PC RESO NO. 2137
... • I
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
-6-
____ .. , -·-----·· __ L_~~A TION u_Mf:P'-'"-· --·-·-,---·-· • :1
I
~ ... · , I '
OAK'
....... ------..---i
-
i •
I
. ZONING·
R-3-
·(RMH) -. . . . . . I
! (tiENERAL PLAN) t ! !
I t I
Cl) I
: -I
l:J .. m
., m : . -i .:
• -·-I
1 EX_H~BIT "X" . MAY 20, 1983
'
I
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'AVENUE
R--3
. (' M )
.;
· ·GPA-69(8)
ZC-277
._....,..,__1•■-:Q1sP--• -•-•uuw.-,.-•••-• ---••-H _,,,,..._.,u_,_, ■-------~~-------. .
ZIMMERMAN/CriANDLER. SDP 83-5
·.e
BACKGROUND DATA SHEET
CASE NO: GPA-69(B)/ZC-277/SDP 83-5
APPLICANT: ZIMMERMAN/CHANDLER
-
REQUEST AND LOCATION: General Plan Amenament/Zone Change/Site Develoµnent
Plan for a 24 unit apartment project at the southeast comer of Harding Street
and Oak Avenue.
LEGAL DESCRIPTION: That portion of lot 1, -Subdivision of Tracts 114 and 120 at
Carlsbad Lands per Map No. 1744, filed January 3, 1923.
APN: 204-040-01
Acres .59 Proposed No. of Lots/Units 24 ----------------
GENERAL PLAN AND ZONING
Land Use Designation --------RMI-I
10-20 40 Density Allowed ---------Density Proposed --------
R-3 Existing Zone ---------Proposed zone RD-H ---------
Surrounding zoning and Land use:
zoning
Site R-3
North R-P
South R-3
East R-3
west R-3
School District Carlsbad
PUBLIC FACILITIES
Land Use
SFD
Office
SFD
SFD
SFD
water Carlsbad Sewer Carlsbad EDU's -----
Public Facilities Fee Agreement, dated April 5, 1983 ------=-------------
ENVIRONMENI'AL IMPACT ASSESSMENT
~egative Declaration, issued __ r._'1a_,,y~2_5..:..,_1_9_8_3 ____ _
E.I.R. Certified, dated --------------Other, _____________________________ _
.: • .... 11 ...... • .. ~•'J. #_ .......... ---·-. ... ..-.,., . .
APPLlCfu'-lT:
"'~~ .,.,;-•• ~ -;;: . ··-·· z·immerman-CbandJ er: Im"iestroents 'c/o Agateo Corpora ti on
: Na,.ie_ (i1:id.ivicJ.ual, part.nership, joint ve_ntur:-e, corporation,. .syndicatio;J}
. .
• ·p.o; Box 590 · Carlsbad,. ·ca •. 92008
Busi~ess Address . ·:
. . ... •.
~ .... . .. .. . ~ . . . . . .. ,· .
. (619) 434-1056' ' . -r:l ' . . . .-.·,:
..... .• .... Telephone Nw.nber ... · . . . .. ~. ' ..... . . . . ~ .. . . . .. ....
. AGEN'f: . The·_. Ag.at(;ip CQrpb.:t:atj on . . ·.'
: •· • I •
.·• . : Name
......
: ... ·· ·P·.b.· Box 590, Carl~°l~a,d,· Ca,
• · --.l3L\sil1.0ss Aii.dJ:ess · .. ,.:. .· . . . .
Telephone Numbsr·
... •,. . . . i
. . . ... .. . .. .. . -·.
... ··
92QQ8
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..• HEHBERS:: ,•. . . . Dona] d...n.. "Zirb:c,e:troau·. ·:
_ ... ··· ··.·-.. •
..... ..
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Name '(individ~al, p~2.:r.-tner, J01.nt •. Home i:,rldress
_-· venture, corporation, s:{ndicz.tion)
' .... , . -. . . ,:, . · .. · .·.
· • . .': ·: ·.·. 1175 Gaviota;·
·· • .. ::": '., :Business .Address
Laguna Beach~ Ca·.
.. ·. ·:··.
92651
... _ :· ..
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.. :.:
· ... :·--. . : ·. . , ..
49-7-2208'
.. "..-. :· . .. ·.•.
(714)
Telephone· Nu:::lber
.... . . : . . ~ . . .
Eome Addr.e·SS: ·.• · .......... :'.·" . :--... ·.. . . . · .. ·
...... _·1_1_7_5_G_._a_v_i_o_t_· a_.._;_· _L_a_.g._u_n_a ...... _·_B_e_·:a_c_· h ___ , _·_c_a_.~-_·9-:--2_6_5_1 __ --:-___ ......;. __ ....-____ _ .. ~
· .· .. · ~:::,•·~i·no.<:,s ~a~.,.1.,.:::,.c:s . f·. '•... :,..t.;> -v 4,l, ......_... __ • # • .• ••
: .• ..... :·. ~. .. ... :
i . ·:• ·I_< ·i(.···< t1.i.i.). 497~~208
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Telep;1onc-::fo~eJ.-. . . . . .. ... . .. .., . . .. = ~ ....... . .... •·
. ---'-·----~----------......
. ·• ....... .
(l\.ttach more sheets if necessary) .. · ...
.' · J../t·7e decla::-~ u!1dcr. penalty ·of perj_ucy that the inforr.:ation .contained in this c1is-
. closu:::-e is true and correct and that it will remain true and correct and r.iay be·
);clicd upon _as b!3ing true and correct until i!:nende<l .
.. •. '
tl.Y Donald A. Agatep -·-}\gt:i,t:, 0;-:ner, Pa_rf::n,.:c
••,;
.•
--
SECTION 65361 OF THE CALIFORNIA GOVERNMENT CODE
§ 65361. Plan Amendments
{a) Except as provided in subdivision (b), no
mandatory element of a general plan shall be amended more
frequently than three times during any calendar year, which
amendment or amendments may occur· at any time as determined by
the legislative body. •
(b) This section does not apply to amendment of any
general plan element requested and necessary for a single
development of residential units, at least 25 percent of which
will be occupied by or available to persons and families of low
or moderate income, as defined by Section 50093 of the Health
and Safety Code. The specified percentage of low or moderate-
income housing may be developed on the same site as the other
residential units proposed for development, or on another site
or sites encompassed by the general plan, in which case the
combined total number of residential units shall be considered a
single development proposal.
This section does not apply to the adoption of any
element to the general plan or to the amendment of the general
plan, or an element thereof, in order to comply with a court
decision pursuant to Article 14 (commencing with Section 65750).
DEVELOPMENT AL
SERVICES
r ___ :a -1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1989
LAND USE PLANNING OFFfCE (619) 438-5591
<!Citp of <!arlsbab
PUBLIC ~UTICE OF PREPAPATION
PLEASE TAKE NOTICE:
The Land Use Planning Office of the City of Carlsbad intends to
prepare a Neg-ative Declaration for the following project:
Conditional Negative Declaration for the following project:
Environmental Impact Report for the following project:
Project Description: General Plan Amendment, Zone Change and Site
Development Plan for the construction of 24 apartment units.
Construction of the project will rEquire approximately 6000 cubic
yards of grading. ·
Project address/Location: Southeast corner of Harding Street and Oak:.. __ _
Avenue.
Anticipated significant :utpacts: tbne. . .
We need to know your ideas about the effect this project might have
· on the environment and your susgestions for ways the project could be
revised to reduce or avoid any significant e..~vironrnental damage.
· Your ideas will help us decide what issues to analyze in the environ-
mental revie--, of this project.
Your canments on tl"ie environmental impact of the proposed project ma.y
be sur.mittoo in writing to the Land Use Planning Office, 1200 Elm
Avenue, Carlsbad, CA 92008, no later than May 27, 1983.
DA.TED: May 6, 1983 .. ..
CASE tX>: GPA-69(B)/ZC-277/SDP 83-5
APPLICANT: Zimnerman -Chandler
PUBLISH DATE: May 11, 1983
~Q\LJ~~ -({\LL~ ... (Y},
MICHAEL ~L~
_ I.and Use Planning Manager
ND 3
5/81 ""
DEVELOPMENTAL
SERVICES
LAND USE PLANNING OFFICE
-
Qtitp of C!arlsbab
11EGA.TIVE DECIAPATION
-1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1989
(619) 438-5591
PROJECT ADDRESS/LJ:')2ATION: Southeast corner of Harding Street and Oak
Avenue.
PROJECT DESCRIPTION: General Plan Amendment, zone· change and site
development plan for the construction of twenty-four apartment units.
construction of the proposed project will require approxirnately 6,000
cubic yards of grading ••
The City of Carlsbad has conducte::1. an environmental review of the
above described project pursuant to the Guidelines for Implsnentation
of the California Environmental Quality Act and the EnvirGnmental __
Protection ordinance of the City of Carlsbad. -As a result of said
review, a Negative Declaration (declaration that the project will not
have a significant impact on the environment) is hereby issued. for the
subject project. J'ustification for this action is on file in the
I.and Use Planning Office.
A copy of the Negative Declaration with supportive documents is on
file in the Land Use Planning Office, City Hall, 1200 Ebn Avenue,
carisbad, CA. 92008. Corrrrnents £ran the public are invited. Please
submit comments in writing to the Land Use Planning Office within ten
(10) days of date of issuance.
m=, t•Jay 2s1 19a3 1di,u\ha~~
MICHAEL J. ·IOLZMJ{LJIBR
CASE :NO: GPA-69(B)/ZC-277/SDP-83-5 land Use Planning Manager
APPLICANT: Zimmennan/ Chandler
fUBLISH DATE: May 28, 1983
1ID-4
5/~l
HARDING STREET
INVESTORS LTO essa Fl O OSEVELT STREET OARLBBAD,CAL.
-
ROBERT .J. ROYCE A.I.A.
Architecture/Planning/lntariore
28~8 Roo••v•lt.
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HARDING STREET
INVESTORS
28613 ROOSEVELT STREET
CARLSBAD,CAL.
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