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HomeMy WebLinkAbout1974-04-02; City Council; 3048; Chandler & Zimmerman Condominium Conversion•T H . E'C I T Y f" jt>.CARLSBAD, IAgenda Bill No. •- . A L I F O R N r A Date: April 2, 1974 Deferred To: CITY COUNCIL Subject: Change of Zone from C-2 to R-3 and Tentative Map to permit the conversion of an existing apartment complex to a condominium. CASE NOS: CT 74-2 and ZC-141 - "APPLICANT: CHANDLER & ZIMMERMAN Submitted By: Planning Commission •statement of the Matter The Planning Commission, by Resolution -No. 1045 dated March 12., 1974, does recommend that a change of zone from C-2 to R-3 , and by Resolution No. 1046, that a tentative map for a 30 unit condominium conversion be approved for the southwest quarter of Block 16, Town of Carlsbad, County of San Diego. Said property is generally located at the northeast corner of the intersection of Lincoln Street "and Oak Avenue, The Commission, as a part of their consideration of these matters, did indicate a concern that the City lacked any policy regarding condominium conversion. Their concern seemed to be the loss of amenities that may result from an apartment conversion to a condominium development verses the construction of a condominium .development. • Exhibit • 1. Staff Report dated March 12, 1974 2. Planning Commission Resolution No. 1045 3. Planning Commission Resolution No. 1046 4-2-74 ' • ' . .4. Staff report to Manager dated 3-27-74 5. Resolution No. 3392, announcing findings • ' 6. Ordinance No. 9387. 7. Resolution No. 3393, apDroying Tentative MapStaff Recommendations to the City Manager: . That the Planning Commission recommendations be approved and that the Planning Director be directed to prepare a report on the.impacts of apartment conversions to condominiums on the City, with specific reference being given to non-conforming condominium conversions, A3 NO Date: April 2, 1974 City Manager'' s Recommendation... This matter is being forwarded with a recommendation from the Planning Commission of approval. It also has a staff report recommending approval. On April 16, 1974 a similar but smaller condominium conversion (Dr. Lois J. Smart) will be considered with a recommendation from the Planning Commission for denial without prejudice. Mr. Agatep's attached staff report explains the background on this. As a policy matter, Council may wish to treat both applications alike. Approval or denial of the application before you. (Chandler and Zimmerman) might establish precedent for the appeal on the matter which will be forwarded to you on April 16, 1974 (Dr. Lois J. Smart application). The Commission's concern about the need for the establishment of some general policy on condominium conversion is well founded, but I believe it would be useful if that policy consideration could be made independent of any specific application. I am, therefore, recommending approval of the Chandler and Zimmerman application. Although the Smart application will come to you on April 16, 1974 with a recommendation from the Commission for denial, I will also be recom- mending approval of that condominium conversion. Council Action • 4-2-74 The matter was continued to April 1,6, 1974. 4-16-74 Resolution #3392 was adopted, announcing findings and decision re: Zone Change. Ordinance #9387 was introduced for a first reading. Resolution #3393 was adopted, approving the tentative map for C/T74-2. -2- TO: REPORT ON: CASE NOS.: APPLICANTS: 1. REQUEST: CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT March 12, 1974 PLANNING COMMISSION CONSIDERATION OF A CHANGE OF ZONE CONSIDERATION OF A TENTATIVE MAP ZC-141 CT 74-2 W. C. Chandler and D. B. Zimmerman 424 PANORAMA Drive Laguna Beach, Ca. 92651 That the Planning Commission recommend approval to the City Council of a change of zone from C-2 (General Commercial) to R-3 (Multiple-family Residential) and a tentative map to convert an existing 30 unit apartment complex.to a condominium development. II- ' RECOMMENDATIONS: A- Re: ZC-141 - That it be moved that the Planning Commission recommend to the City Council that a changed zone from C-2 to R-3 BE APPROVED on the subject property. Justification is based upon: 1. Conformance of the requested zoning to the land use commitment of the General Plan of high density residential for the subject property. 2. Compatibility of the zone district of the subject property to existing and proposed land uses in the area. 3. Will eliminate the non-conformity character of the residential development located in a C-2 Zone B. Re: CT 74-2 - That it be moved that the Commission recommend to the City Council map No. 72-2 BE APPROVED subject to the islined below: Justification based Planni ng that tentative conditions out- upon: 1. Conformance of the tentative map to the City of Carlsbad Zoning Ordinance, General Plan and the State of California Subdivision Map Act. 2. The applicant has agreed in writing (see attached) to comply to all the requirements of the Municipal Code and any applicable policies. Star -*** •'""•(, '«*»» , V* ^CONDITIONS OF APPROVAL 1. The applicant shall cause the installation of full half street improvements to city standards for the full frontage of the subject property on Oak Avenue and Lincoln Street, in a manner acceptable to the City Engineer. III. BACKGROUND A. Description - Southwest Quarter of Block 16, Town of Carlsbad, in the City of Carlsbad, County of San Diego B. Location - Northeast corner of the intersection of Lincoln Street and Oak Avenue C. Size - 1.01 Acres D. Total No. of Units - 30 D.U.'s E. Density - 29.7 D.U.'s •4 F. No. of Bedrooms - 34 Bedrooms G. Type of Units - 26 - One bedroom 4 - Two bedrooms H. Anticipated Pop. - 99 persons I. E.I.R. Finding - The conversion of existing apartment units to condominium units is exempt from E.I.R. considerations 0. Existing Zoning - C-^ K.. Adjacent Zoning - North - C-2. East - C-2 South - R-3 West - C-2 L. General Plan - Land Use Amendment No. 1 of the adopted General Plan indicates the subject property to be potential High Density residential with from 0-70 dwelling units per net acre. M. Resource Management District - Not applicable N. Parks Ordinance Compliance - Pursuant to State Map Act, is not applicable since project is older than five years. 0. IV p. Parking|**>ompl iance - The project was^ originally constructed W under the par'*jig agreement of one parking space Tor each D.U. the present Ordinance would require a total of 47 parking spaces. Compliance to Setback Req. - Since the original construction did occur within the C-2 Zone District which has minimum setback requirements of the R-3 Zone District Q.Compliance to Public Facilities Policy - A school been received. letter has DISCUSSION OF KEY ISSUES With regard to parking, there is an area adjacent to Lincoln Street which could be utilized for additional off-street parking. However, this would result in the removal of some existing substantial landscaping, the Planning Commission may want to consider requiring of installation of additional parking. A total of approximately eight spaces would be all the additional spaces that could be installed which would be nine short of the Ordinance requirements. The non-conformity as to setbacks would not effect the status of the development, if any alteration complies to the pro- visions of Sec. 21.48-090 of the Municipal Code. ATTACHMENTS 1. Affidavit - Case No. CT 74-2 - 2. Letter from Carlsbad Unified School District CT 74-2 The Monterey Condominium *" AFFIDAVIT - APPLICANT: W. C. Chandler and . 'DATE: 3-7-74 D. B. Zimmerman 424 Pondorosa Drive Laguna Beach, Ca. CASE NO./ CT 74-2 ,-1974, did review the proposed requirements to be at- tached to any approval of Case No. 'CT 74-2 by the Planning Commission. In addition, I, am aware that any development must comply to all requirements I ,&%?*<.of the Municipal Code; and also have read Standard Conditions Nos . 2, 4^6, 10, 12, 13, 14, 15/16, 20 of Planning Commission Res. No. 1000, dated No-vember 27, 1973, and do agree by the following signature to comply with these conditions as a part of any development of CT 72-2. Signature f Company Address vAttested: \ *^v\ ' Phone —"ssz; **•* <•"»«% ' CARLSBAD UNIFIED, StsdOOL 'DISTRICT 801 PINE AVENUE CARLSBAD, CALIFORNIA 92008 February 26, 1974 Reference: CT 74-2 The Monterey Condominium Mr. Don Zimmerman Mrs. Mary Casler, Chairman and Members of the Planning Commission City of Carlsbad 120Q Elm Avenue - ..." Carlsbad, California 9200S " • ' : ^ i Attention: Mr. Donald A. Agatep, City Planning Director Gentlemen: Our district has reviewed the proposed conversion of the existing Monterey Apartments, generally located at the corner of Lincoln and Oak Streets, to 30 condominium units as referenced above and have evaluated the impact of that development on the facilities of our district. Please be informed that our district is able to assure you that school facilities and services will be available concurrent with need for this development as it is presently proposed. Very trul Fred H. Lance for Howard C. Harmon District Superintendent FHL-.aw CC: Mr. Don Zimmerman ADMINISTRATION 729-9291 1 2 3 APPLICANT: W. C. CHANDLER AMD D. 6. ZIMMERMANA 9 10 11 12 ^ City of Carlsbad Environmental Protection Ordinance of 1972, and; 14 15 20 22 23 24 25 26 27 28 29 30 31 32 o o o oPLANNING COMMISSION RESBuJTreN N 0. '1045 A RESOLUTION OF THE PLANNING COMMISSION Of THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, A CHANGE OF ZONE FROM C-2 TO R-3, ON PROPERTY GENERALLY LOCATED ON THE NORTHFAST CORNER OF THE INTERSECTION OF LINCOLN STREET AND OAK AVENUE. WHEREAS, the Planning Commission did on the 12th day of March, 1974, hold a duly noticed public hearing to consider a request by W.'C. CHANDLER AND D. B. ZP-IHERMAN, for a change of zone from C-2 to Rr3, on property generally located on the northeast corner of the intersection of Lincoln Street and Oak Avenue, and more particularly described as: . Southwest Quarter of Block 16, Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California. WHEREAS, said application has been declared to be exempted from the v> - WHEREAS, at said public hearing, upon hearing and considering the . •* . • - ' . ' ' - " testimony and arguments, if any, of all persons who desired to be heard, " x* said Commission did find the following facts and reasons to exist which make 17 the approval of this change of zone necessary to carry out the provisions and •jo general purpose of Title 21: 19 1. Conformance of the requested zoning to the land use commitment of the General Plan of high density residential for the subject ' property. 21 "2. Compatibility of the zone district of the subject property to existing and proposed land uses in the area. 3. Will eliminate the non-conformity character of the residential development located in a C-2 zone. NOW,. THEREFORE, BE IT RESOLVED by the Planning Commission of the City' of Carlsbad, that it does hereby recommend approval to the City Council of the adoption of an amendment to Title 21 for a reclassification in zone on said property from C-2 (General Commercial) to R-3 (Multiple-family residential). XX XX 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 29 30 31 32 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Con-mission held on the 12th day of March, 1974, by the following vote, to wit: AYES: Commissioners Casler, Wrench, Forman, Little, Jose, & Dominguez NOES: None ABSENT: None MARY CASLER, Chairman ATTEST: DONALD''A. AGATEP, Secretary -2- CO PLANNI.T. COMMISSION RF.SWTlW ;-;f\. 1046Qi 1 Z 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 29 30 31 32 A RESOLUTION OF THE'PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP (CT 74-2) TO PERMIT THE CONVERSION OF AN EXISTING THIRTY UNIT APARTMENT COMPLEX TO A CONDOMINIUM DEVELOPMENT, ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF LINCOLN STREET AND OAK AVENUE. APPLICANT: W. C. CHANDLER AND D. B. ZIMMERMAN WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from W. C..CHANDLER AND D. B. ZIMMERMAN, requesting approval of a tentative map (CT 74-2) to permit the conversion of an existing thirty (30) unit apartment complex to a condominium development on property generally located at the northeast corner of the intersection of Lincoln Street and Oak Avenue, and more particularly described as: Southwest Quarter of Block 16, Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, * WHEREAS, said application has been declared to be exempted from the •* • • City of Carlsbad Environmental Protection Ordinance of 1972, and; WHEREAS, the proposed development does substantially comply with the City of Carlsbad Subdivision Regulations and the State of California Sub- division Act; and, WHEREAS, the Planning Commission does find that the provisions for design and improvements of this tentative map are consistent with the General Plan of the City of Carlsbad, and; WHEREAS, the applicant has agreed to comply to all the requirements of the Municipal'Ordinance and all apolicable policies presently in effect. NOW, THEREFORE, BE IT RESOLVED BY the Planninq Commission of the City of Carlsbad, that it does hereby recommend approval to the City Council of the City of Carlsbad, the herein described Tentative Mao (CT 74-2), subject to the following condition: XX XX XX XX COPY 1 i 2; 31 o o o 1. The applicant shall cause the installation of full half street improvements to City standards, for the full frontage of the subject property on Oak Avenue and Lincoln Street, in a manner acceptable to the City Engineer. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City irlsbad, California, at their regular meeting held on the 12th day of i, 1974, by the following vote, to wit: AYES: Commissioners Casler, Wrench, Little, Forman, Dominquez and Forman 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2.5 26 27 28 29 30 31 32 | PASSED, APPROVE! of Carlsbad, Califon March, 1974, by the - AYES: Commissi NOES: None ABSENT: None -* . * ' ATTEST: DONALD A. AGATEP, Secretary MARY CASLER, Chairman -2- -.11 March 27, 1974 TO: CITY MANAGER FROM: PLANNING DIRECTOR SUBJECT: CONDOMINIUM CONVERSION CHANDLER AND ZIMMERMAN APPLICATIONS - ZC-141 and CT 74-2. DR. LOIS J. SMART APPLICATION - CT 74-1. The Chandler and Zimmerman application will be considered by the Council at its April 2, 1974 Council meeting. The Dr. Lois Smart application will be considered at the April 16, 1974 Council meeting. There seems to be some question as to the intent of the Planning Commission regarding these two condominium con- version applications. Both requests are for the conversion of an existing apartment complex to a condominium complex. The Planning Commission approved the Chandler and Zimmerman application on March 12, 1974, not really being aware of the possible potential impact that condominium conversion could have on the City. The Chandler and Zimmerman application was approved with the Commission knowing the proposed conversion would not meet all existing land use standards. After this decision was made, a subsequent application by Dr. Smart for a condominium conversion was considered during a later portion of the meeting. During consideration of Dr. Smart's application, a number of questions relating to policy and philosophy of condominium conversions were dis- cussed. The Planning Commission, at the March 12, 1974 meeting continued Dr. Smart's application to the meeting of March 26, 1974 to allow the staff additional time to prepare a report on condominium conversions. At the same time, under separate discussion, the Commission requested the staff to prepare the condominium conversion report so the same infor- mation would be given to the City Council at the time they heard the Chandler and Zimmerman application. Page 2 March 27, 1974 Subject: Condominium Conversions Staff submitted a report to the Planning Commission at their meeting of March 26, 1974, and after subsequent discussion as to the advantages or disadvantages of a Conversion Policy, the Planning Commission denied, without prejudice, the Smart application for a condominium con- version. The denial action was taken pending adoption by the City Council and Planning Commission of a Condo- minium Conversion Policy. DONALD A. AGATEP Planning Director § § • CC CM £E < OT 3" s I 8tH5 — < —O t; —J LL- • 5< ,. UJ *J z "i 8 QUJ Z cs <fo ee - £z P <3 > t K< <. o 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 29 30 31 32 RESOLUTION NO. 3392 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE FROM C-2 TO R-3 ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF LINCOLN STREET AND OAK AVENUE. APPLICANT: CHANDLER & ZIMMERMAN. ^ WHEREAS, on March 12, 1,974 a duly advertised public hear- j ing was held before the Planning Commission in the manner pre- scribed by law to consider a change of zone from C-2 to R-3 on property generally located at the Northeast corner of the inter- section of Lincoln Street and Oak Avenue, more particularly de- scribed as: Southwest Quarter of Block 16, Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, and WHEREAS, at the conclusion of said hearing the Planning Commission of the City of Carlsbad adopted Resolution No. 1045 recommending said zone change which is herewith referred to and made a part hereof; and WHEREAS, on the 16th day of April , 1974, the City Council held a public hearing on the matter, received all recom- mendations and heard all persons interested in or opposed to the proposed change of zone; and WHEREAS, said application has been declared to be exempted from the City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission contained in the aforementioned Resolution No. 1045 constitute the findings of the Carlsbad City Council. <B «1 §• o: 04 "S < §- u_ yj 2 , ° 2 gf£>2 *?§5 0 £Z O O 3 4 5 6 7 8 9 10 11 12 13 14 15 16 /17. ~\ t I .}& V1 2fr 21 22 23 24 25 26 27 28 29 30 31 32 3. That the approval of the proposed change of zone classification is necessary to carry out the general purpose ofi Title 21 of the Municipal Code^ 4. That the City Council of the City of Carlsbad intends to adopt an ordinance to effectuate the proposed change of zone. PASSED, APPROVED AND ADOPTED at a regular meeting •) of the City Council on the 16th day of Apri 1 , 1974, by the following vote, to wit:* AYES: Councilmen Fraz^e, Chase, McComas and Lewis NOES: None ABSENT: None ROBERT C. FRAZEE , ayor ATTEST: MARC2 ' E. ADAMS, City Clerk '(SEAL) 2. BIONDO, JR.fTY OF CARLSBADAVENUEIFORNIA 92008BC1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IL • J <. ui O . z £ 8 a I «ui Z n <r J-OCJ K *- oD£2 3 >E =j 19 I 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NOY ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANT- ING A CHANGE OF ZONE FROM C-2 TO R-3 ON PROPERTY GENERALLY LOCATED AT THE NORTH- EAST CORNER OF THE INTERSECTION OF LINCOLN STREET AND OAK AVENUE. APPLICANT: ' CHANDLER & 'ZIMMERMAN. •;•'••-. - The City Council of the City of Carlsbad, California,does ordain as follows: SECTION 1: The following-described real property is : granted a change of zone from C-2 to R-3: Southwest Quarter of -Block 16, Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California. . ; EFFECTIVE DATE; This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 16th day of April , 1974,. and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 9tPt day of May , 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase, McComas and Lewis NOES: None Y ABSENT: None ATTEST: ' ROBERT C. FRAZEE', Mayor MARGARET E.. -ADAMS, Cxty Clerk By: NORA K.'GARDINER, Deputy City Clerk (SEAL) Q m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .1 1 15*s s gsll 16 — t < it Si O 17 S|~2illS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 W W 3 RESOLUTION NO, '3393 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 74-2) TO PERMIT THE CONVERSION OF AN EXISTING 30-UNIT APARTMENT COMPLEX TO A CONDO- MINIUM DEVELOPMENT ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF LINCOLN STREET AND OAK AVENUE. APPLICANT: CHANDLER & ZIMMERMAN WHEREAS, on the 12th day of March, 1974, the Carlsbad City Planning Commission adopted Resolution No. 1046 recommending to the City Council that Tentative Map (CT 74-2) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on the Ifit.h day of April ' 1974, considered the recommendation of the Planning Commission; and WHEREAS, said application has been declared to be exempted from the City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That Tentative Map (CT 74-2) is hereby approved, subject to the execution and/or fulfillment of the following condition: .# 1. The applicant shall cause the installation of full half street improvements to City standards, for the full frontage of the subject property on Oak Avenue and Lincoln Street in a manner acceptable to the City Engineer. C. That said Tentative Map, together with the provisions for its design and improvement and subject to the above condition, is consistent with all applicable general and specific plans of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 16th day of April , 1974, 1 2 3 4 5 6 7 8 9 /io mui 3° s|9° iio >• S o '13 14 15 16 17 18Z £ 8,UJ Z CMo a: - caZ O en5< § 19 i 20 21 22 23 24 25 26 27 28 29 30 31 32 by the following vote, to wit; AYES: Councilmen Frazee, Chase, McComas and Lewis NOES: None ABSENT: None ROBERT C. FRAZEEf4ayor ATTEST : MARGARM1 E. ADAMS,"City Clerk' A" (/• >>1 -.' \ ;(SEAL) 2.