HomeMy WebLinkAboutV 352; Pine Street Apartment Complex; Variance (V)STAFF REPORT
DATE : January 25, 1984
TO: Planning Commission
FROM : Land Use Planning Office
SUBJECT: GPA/LU 83-20/ZC-297/SDP 83-10/V-352 - PINE STREET
APARTMENT COMPLEX - Request to amend the General Plan and corresponding zoning to allow very high density
development (30-40 du/ac). Also a Site Development
Plan to allow a 50-unit apartment project, and a
variance to delete the requirement for a view-
obstructing parking lot wall, at 336 and 372 Pine Avenue .
I. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the
Negative Declaration issued by the Land Use Planning Manager, and ADOPT Resolution Nos. 2241, 2242, 2243 and 2244, recommending APPROVAL of GPA/LU 83-20, ZC-297, SDP 83-10 and V-352, based on the findings and subject to the conditions contained therein.
11. PROJECT DESCRIPTION
The applicant is requesting approval of an amendment to the Land
Use Element of the General Plan to change the designation from RH (20-30 du/ac) to RVH (30-40 du/ac), a zone change from R-3 to
RD-H, and a site development plan for 50 apartment units on 1.49 acres on the north side of Pine Avenue, immediately west of the AT 61 SF Railroad tracks. A variance is also requested to delete the requirement for a view-obscuring parking lot wall along the
eastern property line.
The subject property is currently occupied by an older single-
family dwelling, Existing development in the area is primarily single-family in nature, however, the General Plan and zoning reflect eventual multi-family development at 20-30 du/ac. The site is within easy walking distance of downtown commercial and
service facilities. Attached Exhibit "W" shows the site's close proximity to the Redevelopment area.
The railroad right-of-way abuts the property to the east. The
developer proposes parking, in excess of the project requirement, on a 70-fOOt wide portion of this right-of-way, through a lease
agreement with the railroad company. Although Washington Street
will be constructed through the blocks northerly and southerly of
the site, the Master Plan for Washington Street does not provide
that it be constructed through this block.
As required by the RD-H zone, the requested general plan amendment and zone change are being processed concurrently with
a site development plan for apartments. The applicant is
proposing to develop 50 apartments in eight buildings. The project would include 20 studio units, 20 one-bedroom units, and
10 two-bedroom units. The resulting overall density is 33.5
du/ac.
111. ANALYSIS - GPA, ZC, AND SDP
Planning Issues
1) Does the project site and proposed project satisfy the
criteria established for the RVH land use designtion
and RD-H Zone? Specifically:
a) Is the location appropriate by its proximity to the
commercial core and downtown area?
b) Does the project provide low and moderate income
housing?
2) Does the proposed project satisfy the development standards of the RD-H zone?
Discussion
The RVH land use designation and RD-H zone were created to be
applied in very limited locations where higher densities are appropriate and desirable, such as near the commercial core, in
the downtown area or close to high employment centers. It was
also the purpose to provide a higher density to facilitate the
development of low and moderate income ownership and rental
housing,
The project site occurs at the end of a block, about one block
from the downtown area. It is within easy walking distance of
both commercial and service facilities, and to the beach.
Properties to the north, west and south will eventually be
developed at 20-30 du/ac. As such, staff concludes that the
proposed site satisfies the location criteria for such land use intensification. Surrounding future land use intensity, and the fact that the site is on the periphery of a block, render the project compatible with surrounding land uses.
Staff recommends that the proposed project be conditioned that the applicant provide, through written agreement with the City, 25% of the units at low and moderate income
rental rates, thus, satisfying the other criteria for approval of
the RD-H zone. Such agreement is attached as Exhibit "Z". The Applicant has indicated his concurrence with this requirement. Affordable housing is also required on this project becuase the applicant has been exempted from the regular General Plan Amendment schedule which is permitted by State law if a project is affordable.
-2-
The proposed project meets the development standards required of a 50-unit apartment project in the RD-H zone. All driveway, parking, setback, height and other requirements regulating development has been provided. The buildings are broken-up to provide a high degree of openess to the project. A centralized swimming pool and related features provides common recreational amenities. The units will possess balconies or patios. Forty parking spaces in excess of that required, are proposed on a leased portion of the railroad right-of-way. While staff believes this to be an extra feature of the plan, all parking calculations were figured without this area. With the exception of the following variance request, staff concludes that the project meets the devlopment standards of the RD-H zone.
IV. ANALYSIS - VARIANCE
Planning Issue
1) Can the project meet the four required findings for approval of a variance? Specifically:
That the lot has exceptional or extraordinary circumstances;
That without the variance, the owner is being denied a substantial property right;
That the variance will not be harmful to the public welfare; and
That the variance will not adversely affect the General Plan.
Section 21.23.110 allows that the side yard setback of uncovered parking spaces be reduced to zero feet provided that a 6-foot high view-obscuring fence is constructed at the property line.
As shown on Exhibit "A", the applicant proposes to comply with this requirement on the western property line, but requests that the condition be deleted along the eastern line, since this line is in the middle of a parking lot. Staff agrees that the findings required for approval of a variance can be made in this case. Since this property line is adjacent to the railroad right-of-way (at least temporarily a parking lot) and will never be developed in residential, or other uses impacted by headlight glare, exceptional circumstances exist. Further, there are no
other properties, at this time, with the side property line situated in the middle of a parking lot. The owner is being denied a property right because other developers are not required to erect walls down the center of a parking area.
-3-
Such wall would further create a security problem on the east
side of the lot, rendering it harmful to the general public.
Staff foresees no way in which the granting of this variance would adversely affect the general plan.
In summary, staff concludes that the subject site meets the intent and purpose of the very-high density land use designation
as adopted by the City Council. the applicant to develope a project that also meets the standards of the very high density zone, and recommends approval of all four discretionary actions.
Staff has worked closely with
ATTACHMENTS
Planning Commission Resolution Nos. 2241, 2242, 2243, and
2244 Location Map Background Data Sheet Disclosure Form Environmental Documents
Exhibits "W", "X" and "Y", dated January 25, 1984 Exhibit "Z", dated January 25, 1984 Exhibits "A", "B", and "C", dated January 25, 1984
PJK:bw
1 / 19/84
-4-
SITE
BACKGRUJND DATA SHEGT
CASE No: GPW 83-2O/ZC-297/SDP 83-lO/V-352
APPLICANT: Pine Street Apar tment Ccnnp lex
REQUEST AND XICATION: General Plan and Zoning to allow 30-40 du/ac.
ment proposal for 50 apar tment units, variance to delete wall.
LEGAL DESCRIEYTION: The Northeasterly 159 feet of Tract 99 of Carlsbad Lands, in
the City of Carlsbad, County of San Dieqo, State of California, amding to
the Map thereof No. 1661, filed in the Office of the County Recorder of San
Develop-
Diego, March 1, 1915. APN: 203-260-09 and 10
Acres 1.49 Proposed No. of bts/units 50
GENERAL PLAN AND ZaUING
Land Use Designation
Density Allowed F" 30-40 du/ac Density praposed 33.5 du/ac
RH to RVH
Existing Zone R-3
Surrounding Zoning and Land Use:
Zoninq
Site R-3
North R-3
South R-3
East Railmad
Proposed Zone Fa+
West R-3
PUBLIC FACILITIES
Land Use
SED
SED
SED
Railroad
Vacant
School District Carlsbad Water Carlsbad Sewer Carlsbd EDU's 50
Public Facilities Fee Agreement, dated
ENVIRXMEZW& IMPACT ASSESSMENT
- Negative Declaration, issued
- E.I.R. Certified, dated
Other,
January 9, 1984
John R. Pautsch, Jr . (1ndiv;S'~ and Knobbe, Martens
Nme (individual, partnership, joint venture, cor-=ration, syndicatioa)
Olson, Hubbard (& Bear APPLJCRNT : -ship ,I
Respectively: (714) 675-4797; & .
AGENT :
- -
Telephone Number
John R. Pautsch, Jr.
Name
SAME AS ABOVE -. -
.. Business Address .. ..
.. * ... .. ..
Telephone Number . . ..- .
. . ..
. EE:1.IBms:
rmne *(individual, partner, joint ~ . Eome Zdress
venture, conozation, syndication)
B;lsiness AdcLress
Telephone Nlzker Telephone X!umber
3isiness Ad5ress
. ~t3.ep'nor.a Nhsr Telephne Xunber . --
(Attach more sheets if necessary)
, f/ite declze wder ,-er?alty of perjury that the infomation contaked in this dis-
closure is tme and correct and that it Will remain true and correct and nay be'
..
BY
Agent, C.-:p.ez, Partnpr
EXHIBIT W
JAN. 25, 1984
PROJECT SITE
GENERAL PLAN AMENDMENT
EXHIBIT X 1-25-84
c 3 a r cn m s 0
m P < 0
L
SITE FROM RH TO RVH
GPAILU 83-20 I ZC-297
PONE STREET APTS.
os
M
SITE FROM R-3 TO RD-H
EXHIBIT '2"
$ January 25,1984
RECORDING REQUESTED BY: 1 Assessors Parcel No.:
WHEN RECORDED MAIL TO: 1 1
City of Carlsbad 1
1200 Elm Avenue 1 Carlsbad, California 92008 ) space above for recorder's use
AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY
This agreement is made and entered into this day of
, 1983 by and between the City of Carlsbad,
California, a municipal corporation, hereinafter referred to as
"Carlsbad" and John R. Pautsch, hereinafter referred to as
"applicant."
RECITALS
A. Applicant is the owner of certain real property
located at 336 and 372 Pine Avenue in the City of Carlsbad, County
of San Diego, State of California more particularly described on
Exhibit A attached hereto and incorporated by this reference.
B. Applicant has filed an appl'ication for a General Plan
Amendment from RH to RVH (GPA/LU 83-20), a zone change from R-3
to RD-H (ZC-297) and a site development plan for a 50 unit
Page 1 of 7
_-
apartment project at a density of 33.5 dwelling units per acre
(SDP-83-10) (hereinafter referred to as "project") for the real
property referred to above. The applications are collectively
referred to hereinafter as the "application". A density of 33.5
dwelling units per acre is requested in order to assist Carlsbad
in achieving the goals established by the Housing Element of the
General Plan. To achieve those goals the project must be
available for rental for the period stated herein. Without the
rental restrictions Carlsbad would not approve the project.
C. In order to induce the City to approve the
application and in a desire to comply with the provisions of
Chapter 21.23 of the Carlsbad Municipal Code and with California
Health and Safety Code section 55093 applicant desires to provide
that thirteen of the dwelling units in the project will be
available to persons and families of low to moderate income for a
period of ten years and that the entire project be available for
rental for a period of ten years.
D. Carlsbad desires to ensure the continued
availability of thirteen of the dwelling units of the project for
persons or families of low or moderate income and to ensure that
the project will be available for rental for the time period
specified in this agreement .
///
///
///
Page 2 of 7
E. In order to ensure the continued availability of this
project as a rental project and the continued availability of
thirteen of the units for persons and families of low and moderate
income the City Council of the City of Carlsbad has required
execution of this agreement concurrently with their approval of the
application. Without the execution of this agreement the City
Council would be unwilling to grant approval of the application.
NOW, THEREFORE, in consideration of the recitals and of
Carlsbad's approval of the application and of the benefit conferred
thereby upon the subject real property and the applicaton it is
hereby agreed as follows:
1. Definitions - whenever the following words or phrases
appear in this agreement they shall have the meaning established by
this section.
a. "Qualified Person or Family" or "Person or Family
of Low or Moderate Income" shall mean persons and families whose
income does not exceed 90% of the area median income adjusted for
family size pursuant to the provisions of section SO093 of the
State Health and Safety Code. Qualifications shall be verified by
the Carlsbad Housing Authority.
b. "Established Rent" shall mean the maximum monthly
rent established for each restricted unit by the Director of
Building and Planning. Established rents may vary based on the
income level, family size of the qualified person or family
Page 3 of 7
J
and upon the size of the restricted unit. Established rents shall
be affordable to qualified persons or families. Rent shall be
deemed affordable if it does not exceed twenty five percent of the
median monthly gross income of the qualified persons or families.
In determining established rents the Director of Building and
Planning shall base the determination solely upon the latest
affordable rent schedule proposed by HUD as defined in this
agreement. Established rents shall be determined annually.
c. "Restricted Unit" means a dwelling unit in the
project which is occupied by or available for rent to a qualified
person or family.
d. "Affordable Rent Schedule" means the affordable
rents for median household income for San Diego County or the
equivalent geographic area as annually established by the Federal
Department of Housing and Urban Development (HUD) pursuant to
Section 8 of the United States Housing Act of 1937. In the event
that such determinations on schedules by the Department of Housing
and Urban Development are discontinued the rent shall be set at
twenty five percent of the monthly area median household income
established and published by the Department of Housing and
Community Development of the State of California pursuant to Health
and Safety Code section 50093 for the family size occupying the
unit. The HUD income ranges and corresponding affordable rents for
July 1983 are attached as Exhibit B.
2. Restrictions on the Project
a. That for a period of ten years from the date of
Page 4 of 7
issuance of the certificate of occupancy for the project all
units in the project shall be available for rental. If applicant
submits an application for such conversion at any time during the
ten year period approval or conditional approval of such
conversion shall be subject to a condition that for the remainder
of the ten year period for rental the applicant shall not convey
individual units in the project.
b. That for a period of ten years from the date of
occupancy of the project any thirteen of the dwelling units
constructed shall be made available for rental to qualified
persons or families, Each restricted unit shall be rented at an
established rent.
c. The design and exterior appearance of the
reserved units shall be compatible with the nonreserved units
within the development in varying locations on the site,
The reserved units shall be constructed either prior
to or simultaneously with the nonreserved units with the
development , If the development is being constructed in phases,
the percentage of reserved units to be constructed in each phase
shall be equivalent to the percentage of the total number of
nonreserved units being constructed in that phase.
d. Applicant shall keep rental data for restricted
units and qualified persons or families and shall submit annual
rental data for the restricted units and qualified persons or
Page 5 of 7
families occupying the units to the Carlsbad Director of Building
and Planning and the Housing Authority. During the term of this
agreement the Director of Building and Planning or the-Housing
Authority may inspect or audit the applicant's books for the
project semi-annually to ensure performance of this agreement by
applicant. At any time, upon reasonable advance notice to the
applicant, the Director of Building and Planning or the Housing
Authority may inspect the project to ensure performance of this
agreement.
3. Carlsbad may assign all or any of its rights or
obligations under this agreement to the Carlsbad Housing and
Redevelopment Commission, but to no other public agency.
4. All notices required under this agreement shall be
sent by certified mail, return receipt requested to the following
address :
To Applicant: John R. Pautsch
2204 Waterfront Drive Corona Del Mar, California 92625
To Carlsbad: Attn: Director of Building and Planning
1200 Elm Avenue Carlsbad, California 92008
5. The covenants, conditions and obligations contained
herein shall run with the land and shall apply to and bind the
heirs, successors and assigns of all parties hereto. This
agreement shall be recorded.
Page 6 of 7
6. This agreement constitutes the entire agreement
between the parties and no modification shall be binding unless
reduced to writing, signed by the parties hereto.
7. All questions pertaining to the validity and
interpretation of this agreement shall be determined in
accordance with the law of California applicable to contracts
made and to be performed within the State.
8. This agreement shall remain in full force and effect
for ten years from the issuance of the cerfiticate of occupancy
for the project unless sooner cancelled by the City Council after
a noticed public hearing on the matter.
9. Applicant shall notify the Carlsbad Housing Authority
of the availability of any restricted units. The Carlsbad Housing
Authority may refer prospective tenants to applicant. The
Applicant may, but is not obligated to, participate in any housing
program offered by the Housing Authority.
CITY OF CARLSBAD
Bv :
John R. Pautsch
Page 7 of 7
EXHIBIT A
The Norteasterly 159 feet of Tract 99 of Carlsbad
Lands, in the City of Carlsbad, County of San Diego,
State of California, according to the Map thereof No.
1661, filed in the Office of the County Recorder of San
Diego, March 1, 1915.
EXCEPTING THEREFROM THE Northwesterly 212 feet.
APN - 203-260-09
EXHIBIT B
$ Median Size of Income Family
1 2 3
--
75%
80%
1
2 3 4 5 6 7 8
1 2
90%
95%
3 4 5 6 7 8
1
2 3 4 5 6 7 8
1 2 3 4 5 6 7 8
Annudl Income Monthly
IlK!OLW
$17,556 $20,064 $22,572
$28,215 $29,783 $31,350
09:%3
$1,15S.OO $1,320.00 $1,485.00 $1,650.00 $1,753.13 $1,856.25 $1,959.38 $2,062.50
$1,232.00 $1,408.00 $1,584.00 $1,760.00 $1,870.00 $1,980.00
$2,090 000 $2,200.00
$1,309.00 $1,496.00 $1,683.00 $1,870.00 $1,986.88
$2,220 -63
$1,386.00 $1,584.00 $1,782.00 $1,980.00 $29103.75 $2,227.50 $2,3S1*25 $2,475
$2,103.75
$2,337 50
$1,463.00 $1,672.00 $1,881 .OO $2,090.00 $2,220.63 $2,351 025 $2,481 .88 $2,612 .50
r ' _. I)
AFFORDABLE RENT Q
25%
. .. - .. ~ ~-
$288.75
$412.50 $438.28 $464.06 $489.84 $515.63
$330.00 $371 025
$308.00 $352000 $396-00 m.00 $467.56 $495 000 $522.50 $550.00
$327.25 $374.00 $420.75 $467.50 $496.72 $525.94 $555.16 $584 38
$346.50 - Studio $396.oy 1 $445.50
$556.8 $587.81 $618.751- Bdro
$365.75 $4 18 .OO $470 25 $522.50 $555.16 $587.81 $620.47 $653.13