HomeMy WebLinkAboutV 88-02; Hamid Bagheri; Variance (V)APPLICATION COMPLETE DATE:
October 12. 1988
DATE : February 1, 1989
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: SP 88-14/V 88-2 BAGHERI - Request for approval of a Site Development Plan to develop an eight unit apartment project along with a variance
to allow 5 substandard width garages located on the south side of
Navarra Drive, west of Viejo Casti1l.a Way. The subject property is zoned RD-M and is located in Local Facilities Management Zone 6.
I. RECOWENDATION
That the Planning Commission ADOPT Resolution No. 2824 denying SDP 88-14 and Resolution No. 2825 denying V 88-2 based on the findings contained therein.
11. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting approval of a Site Development Plan and a Variance to develop an eight unit apartment project located as described above. A Site Development Plan is being requested because the Carlsbad Zoning Ordinance
requires Planning Commission review for all apartment projects exceeding four units. The applicant is also requesting a Variance for five of the eight two car garages being proposed for this project. These five garages do not comply with the city’s minimum dimension requirements for two car garages.
The project is located in the RD-M Zone and has a General Plan Designation of -RH (15-23 du/acre) and a Growth Control Point of 19 du/acre. The proposed
project would be located on a .43 acre site and have a density of 18.6 du/acre.
The property is currently vacant and is surrounded by multi-family projects to
the north and east, the La Costa Golf Course to the south, and a vacant parcel
to the west. Most of the neighborhood has been developed with apartment and
condomi n i um projects .
The proposed apartment project consists of 8 apartment units ranging in size
from 2105 to 2277 square feet. Three of the units face Navarra Drive while the remaining five units overlook the golf course with the driveway and pool amenities in the center of the site. The units are 2 story with a garage below,
and maintain a building height of 31 feet. A total of 20 onsite parking spaces
will be provided. Each unit will have a 2 car garage, five of which are proposed with substandard widths. Four open visitor parking spaces will be provided adjacent to the pool area. Minimal structural setbacks have been provided on all sides of the property.
SDP 88-14/V 88-2 BAtiHERI February 1, 1989 PAGE 2
The architectural materials of th proposed structure wi 11 incorporate 1 ight
pink stucco walls with, a Delayo Buff (7E beige/3E orange-red) tile roof. The project also includes a pool, jacuzzi, and balconies as amenities.
111.
1. Does the proposed development comply with the development standards of the RD-M Zone?
2. Can the required findings be made to justify the- requested Variance for substandard garage widths? They are:
a. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use
that do not apply generally to the other property or class of
use in the same vicinity and zone;
b. That such Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question;
c. That the granting of such Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located;
d. That the granting of such Variance will not adversely affect the comprehensive general plan.
3.
4.
Does the design of the proposed project justify the requested density?
Is the project consistent with Local Facilities Management Plan Zone 6?
IV.
As proposed, this project complies with the minimal development standards of the RD-M Zone in which it is located. All of the setbacks are minimal except the front yard setback which is 15 feet rather then the 10 foot minimum allowed in the RD-M Zone. The project also complies with the minimal parking requirements
for an apartment project.
The proposed garages for five of the eight units do not comply with the dimension standards of section 21.44.130 of the Carlsbad Zoning Ordinance. This section of the ordinance requires that all two car garages have a minimum interior dimension of twenty feet. This requirement is to provide adequate space to open and close car doors when two full sized vehicles are parked in the
?
SDP 88-14/V 88-2 BAGHERI February 1, 1989 PAGE 3
garage. Staff made the applicant aware of this concern when this project was first submitted for a preliminary review. The applicant did not wish to redesign the project and has applied for a Variance to reduce the required . interior width of the garages from twenty feet to eighteen feet six inches.
Staff cannot make the findings required to support the requested Variance. There are no extraordinary circumstances applicable to this property or to the intended use that do not apply generally to other properties or apartment projects in this area. The proposed project is on a lot that is similar in size and shape to the surrounding lots in the vicinity. The lot has been previously graded as have all of the other vacant lots in this part of La Costa.
The requested variance is not necessary for the preservation and enjoyment of property rights now possessed by other properties in the vicinity but denied to the property in question. The applicant is requesting this variance to
construct five substandard width garages for an apartment project. Apartment projects are not required to have two covered parking spaces. A variance is necessitated solely by the design of the proposed project. If the applicant was willing to work with staff to redesign the project the requested variance would
not be necessary.
Approval of this variance would be detrimental to other properties in the vicinity. The approval of this variance could establish a precedent that would encourage other project proponents to apply for variances rather then designing projects in conformance with City Standards. The subject property is vacant, flat, and regularly shaped; there is no reason an apartment project that complies with all applicable City Standards cannot be designed on this site. The approval or denial of the requested Variance would probably have no impact on the City‘s General Plan.
In addition to the substandard garages, staff has a numbe.r of other concerns with the proposed apartment project: (1) the site will be dominated by an asphalt driveway which will completely surround the common recreation area; (2) the four guest parking spaces will probably not be utilized due to their awkward design; (3) in some areas between the common recreation area and the rear building the driveway narrows to 22 feet - this will make it difficult to access the garages, even if they are equipped with automatic garage door openers; and (4) the proposed buildings are large and boxy with little architectural relief.
The applicant is trying to place too many large townhouse type units on this site. The size of the proposed units, 2105-2277 square feet, will be far larger than most apartment projects in Carlsbad. The size of the units with the density proposed (18.6 du/acre) makes good design on the site difficult. Staff does not believe that the design of the project would justify any density over the minimum of 15 dwelling units per acre. The large units create a dominance of asphalt and structures. Staff believes it would be possible to develop this property with eight smaller units with a better design that would not require a variance or lowering the density to accommodate larger units. The applicant has not been willing to change the design for the proposed project.
The proposed project would be consistent with the Local Facilities Management Plan for Zone 6. The project’s density of 18.6 du’s/acre would be slightly
, -
SDP 88-14/V 88-2 BAGHERI February 1, 1989 . PAGE 4
below the site's growth contr-1 point of 19 du's/acre. The Zone 6 Local Facilities Management Plan does indicate that all Zone 6 public facilities and
services are in conformance with the adopted performance standards.
In conclusion, staff cannot make the findings necessary to grant a Variance and the design of the project does not justify the requested density; therefore, staff recommends denial of SDP 88-14 and V 88-2.
ATTACHMENTS
1. Planning Comnission Resolution Nos. 2823, 2824, 2825 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Growth Management Assessment Form 6. Reduced Exhibit 7. Exhibits "A"-"D", dated October 12, 1988
WJD: 1 h December 23, 1988
Golf Course
BAGHERI I SDP 88-14 I V 88-2
h
BACKGROUND DATA SHEET
CASE NO: SDP 88-14 V 88-2
APPL I CANT : BAGHFRI
REQUEST AND LOCATION: REOUEST APPROVAL OF A SITE DEVELOPMENT
GARAGE WIDTHS - WEST OF VIEJO CASTILLA - SOUTHSIDE OF NAVARRA DR.
LEGAL DESCRI PTION : ]
TO MAP 6117 IN CITY OF CARLSBAD, COUNTY OF SAN DIEGO
APN: 216 -130-06 Acres .43 Proposed No. of Lots/Units 8
GENFRAL PLAN AND ZONING
Land Use Designation RH
Density Allowed 15-23 DU/AC Density Proposed 18.6 DWAC
Existing Zone RD-M Proposed Zone RD-M
Surrounding Zoning and Land Use: land Use Zon i nq
Site RD-M VACANT
North RD-M EXISTING MULTI-FAMILY
South PC GOLF COURSE
East RD-M EXISTING MULTI-FAMILY
West RD-M VACANT
PUBLIC FACILITIES
School District SAN OIEGEITO Water COSTA REAL Sewer LEUCADIA
EDU’s Public Facilities Fee Agreement, Date OCTOBER 3, 1988
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative declaration, issued Januarv 6, 1989
E.I.R. Certified, dated
. .i
-
DISCLOSURE FORM
APPLICANT: Wnro e??H€W / rt= 1 .~OUWIJ ~'~00' Name (individual, partnership, joint venture, corporation, scdcation
I - 7350 Telephone Number
AGENT:
Name
Business Address
Telephone Number
.. MEMBERS:
Name (individual, partner, joint Home Address
venture, corporation, syndication) ..
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number T e I e p ho ri e N umber
(Attach more sheets if necessary)
1/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. l/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended. I ,' /I, */ 1
3 BY 1, , Agent,-', .Partner '- -
CITY OF CARLSBAD
GROMTH MANAGEMENT PROGRAM
LOCAL FACILITIES IHPACTS ASSESSMENT FORM (To be Submitted with Development Appl ication)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO.: SDP 88-14/V 88-2 BAGHERI
LOCAL FACILITY MANAGEMENT ZONE: 6 GENERAL PLAN: RH
ZONING: RD-M
DEVELOPER'S NAME: BAGHERI
ADDRESS: 1339 4 TIVERTON ROAD - SAN DIEGO. CA 97130
PHONE NO. : 481-7050 ASSESSOR'S PARCEL NO.: 216 -130-06
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): .43 AC
ESTIMATED COMPLETION DATE:
A.
8.
C.
0.
E.
F.
G.
H.
I.
3.
K.
City Administrative Facilities; Demand in Square Footage = 29.6
Library; Demand in Square Footage = 15.8
Wastewater Treatment Capacity (Calculate with 3. Sewer)
Parks; Demand in Acreage = .059
Drainage; Demand in CFS = -
(Identify master plan facilities on site plan)
Ci rcul at ion; Demand in ADTs = 64 (Identify Trip Distribution on site plan)
Fire; Served by Fire Station No. = 2
Open Space; Acreage Provided -
Schools; -4 -
(Demands to be determined by staff) Sewer ; Demand in EDUs - 8
(Identify trunk line(s) impacted on site plan)
Water;
Identify Drainage Basin = LEUCADIA
Identify Sub Basin -
Demand in GPO - 8 x 220
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