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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. . . 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. -2- . . 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 2/26/85 -3- ObCATION MAP ELM AVE _ OAK _ I /'• site HARDING ST CONDOS CT 84-40ICP-301 S . 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. . Number Teiepofr - 5551 I - Home Address - - Business Address - lephor.. Nter - Te1epone lumber 5 55 MAR 5 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. - - F. J-. Gisnik Applicant - S Agent, nt,v$flI1.- S £.1E,Hrfr* AccSt%l5 - - 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. --- 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? -2- - 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. -3- .e 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 5/27/83 -4- l 2 3 4 5 6 7 -•• PLANNING COMMISSION RESOLUTION NO. 2135 . 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) 25 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 27 28 1 ) The site·is adequate in size and shape to accommodate residential development at the density proposed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2rJ'. -.1v- 24 25 26 27 28 2) 3) 4) 5) - 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: 1 ) 2) 3) /Ill . . 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. /Ill /Ill /Ill PC RESO NO. 2135 -2- .e 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: 4 5 6 7 8 9 J.O 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: NOES: ABSENT: ABSTAIN: ATTEST: MICHAEL J. HOLZMILLER, Land Use Planning Manager PC RESO N0.-2135 CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION -3- 1 2 3 4 5 6 7 wit: 8 9 10 has been 11 Planning 12 13 provided 14 . e • 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 17 18 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 20 21 22 relating to the Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 23 A) 24 B} 25 26 Ill/ 27 //// 28 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: .e J. Findings: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 · 1 ) 2) 3) 4) 5) 6) 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: 18 1} 19 20 2 ) 21 22 23 24 25 26 3) 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. 27 I I I I 28 II I I PC RESO NO. 2136 -2- -- 1 4) 2. 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: 6 7 8 9 10 11 12 ATTEST: 13 14 AYES: NOES: ABSENT: ABSTAIN: 15 MICHAEL J. HOLZMILLER, Land ·use Planning Manager 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 2136 CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION -3- J. 2 3 4 5 6 .e - 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 10 11 12 13 14 15 16 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. 19 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the ·city of Carlsbad as follows: 21 A) 22 B) 23 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: 25 1) 26 27 28 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. l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2) 3) 4) 5) 6) -• 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- - . 1 Conditions: 2 3 4 5 6 7 8 9 10 11 12 13 14 15· 16 17 18 1 ) .2) 3) 4) 5) 6) Approval is granted for SDP 83-5, as shown on Exhibit(s) 11 A 11 - 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 4 5 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15" 16 17 18 19 20 21 22 23. 24 25 26 27 28 22) 23) 24) Fire ---·· 25) 26) 27) 28) 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 15 16 17 18 19 20 21 22 23 24 25 26 27 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 ~ i .. I . ~ ... '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 ·,·., :: .... ~ •·• :· ·! •• ··•:.: .. _ .. · . .. .. •,• ... ::_-:.:--:·-... · ..... ' ... ,. -.. 1, • ~ : :: • .. . ·.· #.•·. . .,••-. ..• HEHBERS:: ,•. . . . Dona] d...n.. "Zirb:c,e:troau·. ·: _ ... ··· ··.·-.. • ..... .. . . -~ . 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 ... _ :· .. :· ·r . .. :.: · ... :·--. . : ·. . , .. 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 • 4. ·• • .• ... ;.:= .. : .... . ·· .. " .'••.· I Ii. . . 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. ~~~~=b•';,. Cal, GR OD ft h.::, rd I n 'J ~+rec9f SURFACE un ifa, r,,/«;,;e n«1il~ LEVEL W Vt:-'-1'-ci ~;,, -~r::.!P> -~~,-•·h::, ~<Jr:.. M~ I~ t+ _\I ~ 0 ,., 11' 11 at, l'I 1P ,z, ~ t., II; l> ~t.,,~) i \) t.1 -:, C ! u, t1 h..,, ~ "' ,n ,e-~ ,,, ,,,,, 111 I) -* .:,/. _ ,,!,,,_.n,,, wctlk~) ',\ C ~ ~ .,,....,_ -t.<':t ._ r" :» ..-i ,+Q '41 ,41. ♦f of+ +'> ~ -t-1 ~ 'I'! fJO .,, ~ "+ l> -!:: I I~,,, ~ f.1.,, I~:,, l t1,,, I l 1.,.-1r,c1~ h a..-d 1n~ ~+re.et ffi GARAGE LEVE:L Ve-!.-1··0 Fl I " ,~ . --·------ ~,on Vt? 11===-t~o HARDING STREET INVESTORS 28613 ROOSEVELT STREET CARLSBAD,CAL. ,J- t· -