HomeMy WebLinkAbout1974-04-02; City Council; 3048; Chandler & Zimmerman Condominium Conversion•T H . E'C I T Y f"
jt>.CARLSBAD,
IAgenda Bill No. •-
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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.
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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.
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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
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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
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APPLICANT: W. C. CHANDLER AMD D. 6. ZIMMERMANA
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^ City of Carlsbad Environmental Protection Ordinance of 1972, and;
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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
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- WHEREAS, at said public hearing, upon hearing and considering the
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testimony and arguments, if any, of all persons who desired to be heard,
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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).
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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
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CO PLANNI.T. COMMISSION RF.SWTlW ;-;f\. 1046Qi
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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
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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:
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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
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| PASSED, APPROVE!
of Carlsbad, Califon
March, 1974, by the -
AYES: Commissi
NOES: None
ABSENT: None
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ATTEST:
DONALD A. AGATEP,
Secretary
MARY CASLER,
Chairman
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-.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
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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.
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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
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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)
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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,
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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.