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HomeMy WebLinkAbout1974-04-16; City Council; 3055; Condominium Conversion of 8 units•THE CITY '- "** C A R L S B A D, "" ""V A L J F^O R N I A' Agenda Bill Wo. •&0*£i$ Date: April 16, 1974 Referred To: . • • , i Subject.- REQUEST FOR CONSIDERATION OF TENTATIVE MAP (CT 74-1} submitted By: . Condominium conversion of 8 units. APPLICANT: Dr. Lois J. Smart PLANNING COMMISSION 'Statement of the Matter ' ' - On March 26, 1974, the Planning Commission, by Resolution No. Ti053;% recommended _ Denial, without prejudice, of this tentative map request for conversion of existing 8 unit apartment complex to condominiums. The Planning Commission based the Denial on: 1. inadequacy of parking based on existing Municipal Code requirements. 2. condominium conversion should not be approved until a condominium ' conversion policy has been adopted by the City. Exhlbit 1. Staff Report of March 12, 1974 2. Staff Report dated April 5, "1974 3. Planning Commission Resolution No. 1*053 4. Applicant's exhibit (map) staff Recommendations to the City Manager: Planning Commission recommendation of Denial is valid if the Council finds it necessary to approve a condominium conversion policy prior to consideration of any condominium conversion tentative'maps. However, the staff feels the requested conversion would .not be detrimental" to the City of Carlsbad, and would not unnecessarily impact services that are presently provided to the project, (see attached report). A3 NO.Date: April 16, 1974 City Manager's Recommendation At the April 2, 1974 Council meeting, the Council had on the agenda a condominiiimcpnversion submitted by Chandler and Zimmerman. My recommendation concerning that item was to continue it to the -April 16 Council meeting so that the Council could consider it at the same meeting that they considered the conversion request .before you,. I am still recommending that the Council consider these two applications independent of making a decision on a condominium conversion policy. I would recommend approval of this conversion, making clear that no precedent is to be established by approval and the Council will consider establishing a policy for the review of all condominium conversions. That policy is in its draft form now and can be presented for a decision at the May 7, 1974 Council meeting. If the Council wishes to approve this conversion they should return it to the Planning Commission for the attachment of any appropriate conditions of approval. If no conditions are required, it may be referred to the City Attorney for preparation of the necessary documents. Council Action :il to refer the matter back to4-16-74 It was the decision of the Council to refer the matter oacK ™the Planning Commission for attachment of any appropriate conditions of approval. -2- CITY OF CARLSBAD w PLANNING DEPARTMENT STAFF REPORT March 12, 1974 . TO: PLANNING COMMISSION REPORT ON: CONSIDERATION OF A TENTATIVE MAP CASE NO: CT 74-1 APPLICANT: Dr. Lois J. Smart / 269 S. Barrington Avenue Los Angeles, Ca. 90049 *• REQUEST: The applicant is requesting approval of tentative map which would allow the conversion of an existing 8 unit apartment project into a condominium development. .II. RECOMMENDATION: That it be moved that the Planning Commission, recommend approval of CT 74-1 to the City Council. Justification is based on: ' 1. Conformance of the tentative map to the sub- division map act and the Municipal Code. 2. Conformance with the City of Carlsbad General Plan.- - . 3. The applicant has agreed in writing to conform to a'll requirements of the Municipal Code and any applicable policy. ." Staff recommends that approval of the tentative map be subject to the following conditions of approval: 1. The owner shall enter into a future agreement to construct ornamental street lights along the public, frontage. 2. An offer of dedication of an easement for public street purposes 5' wide along Ocean Street is required. 3. The applicant shall revitalize the existing land- scaping along thesoutherly boundary of the subject property in a manner acceptable to the Director of Parks and Recreation. III. ' BACKGROUND A. Description: Lots 53 and 59, Block A of Map No. 2 of the Hayes Land Company, City of Carlsbad. B. • Location: Northwest corner of the intersection of Ocean Street and Grand Avenue. ' c- Ml£: Sl'te size - 7,000 Sq. Ft. Building - 5 stories; ground floor Coverage - 5,100 Sq. Ft. D. Total No. of Units: 8 • E- Density: 50 units/acre F. No. of Bedrooms; 8 bedrooms G. Type of Dm'ts ; One, bedroom condominiums H. Coverage: 72% (This is in excess of the 60% maximum coverage allowed on R-3 lots) I. Population: The project will house approximately 16 persons. J. E.I.R. Condominium conversions are exempt'from the City's Environmental Protection Requirements. K. Existing Zoning: R-3 L. -Adjacent Zoning: North, South and Eas-t: R-3, West: L-C M. General Plan; The adopted General Plan shows a density of up to 70 d.u./ acre. > ' • N. 'Resource Management District: Complies 0. P-arks Ordinance: In lieu fees required. P. Parking Compliance: The total of eight covered spaces exist on the subject property which complied to the • Ordinance requirement at the time of construction. Q. Compliance to City Council Public Facility Policy School Letter Received. IV. DISCUSSION OF SPECIFIC ITEMS A. Prior Variances: A 3 ft. sideyard setback was approved . for the subject property by the Planning Commission on November 12, 1968. A subsequent variance was approved on July 28, 1970, to allow a 0* 1" sideyard setback for the garage structure only. This Variance was approved with the condition that the applicant landscape the 40' wide parcel directly to the South of the project site. This landscaping was installed, but is in the "heed of some maintenance. . —s . . -^• • C y ' "°"vB. The exTs'ting parking does not coivfffly to the present parking requirement. However, no area exists where the additional required parking could be provided. . . ATTACHMENTS 1, Letter dated February 26, 1974 from Carlsbad Unified .School District Re: CT 74.-1 2. Affidavit - Dr. L. J. Smart PLANNING COMMISSION RESOLUTION NO. 1053 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, THE DENIAL, WITHOUT PREJUDICE, OF A TENTATIVE MAP (CT 74-1) WHICH WOULD ALLOW THE CONVERSION OF AN EXISTING EIGHT UNIT APARTMENT COMPLEX TO A CONDOMINIUM DEVELOPMENT, ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTER- SECTION OF OCEAN STREET AND GRAND AVENUE. APPLICANT: DR. LOIS J. SMART WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from DR. LOIS J. SMART, requesting approval of a Tentative Map (CT 73-60), incorporated herein by reference, to allow the conversion of an existing eight (8) unit apartment complex to a condominium development, on property generally located at the northwest corner of the intersection of Ocean Street and Grand Avenue, and more particularly described as follows: Lots 53 and 54, Block "A" of Map No. 2 of the Hayes Land Company in the City of Carlsbad, County of San Diego, State of California, , . according to the Map thereof No. 1221. WHEREAS, said application has been declared to be exempt from the City of Carlsbad Environmental Protection Ordinance of 1972 requirements; and, NOW, THERFORE, BE IT RESOLVED'by the Planning Commission of the City of Carlsbad, that it does hereby recommend DENIAL, WITHOUT PREJUDICE, to the City Council of the herein referenced Tentative Map (CT 74-1), for the following reasons: 1. inadequacy of parking based on existing Municipal Code requirements. 2. condominium conversion should not be approved until a condominium conversion policy has been adopted by the City. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Carlsbad, does hereby recommend to the City Council, the Denial of the herein described Tentative Map (CT 74-1) for the reasons stated above. XX XX XX 1 £ 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 by the Planning Commission of the City of Carlsbad, California, at their regularly scheduled meeting of March 26, 1974, by the following vote, to wit: AYES: Commissioners Casler, Forman, Little, Jose, Wrench & Dominguez NOES: none ABSENT: none. MARY CASLER, Chairman ATTEST: DONALD A. AGATEP, Secretary -2-