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HomeMy WebLinkAbout1977-09-06; City Council; 5181; Condominiums Conversions Curb-Cut Driveway StandardsCITY OF r'RLSBAD i Initial: AGENDA BILL NO. Q /gy Dept. Hd. NATE: .qgp+0n.Hc.r 6, 1077 City Atty _ DEPARTMENT: _ PLANNING __ City Mgr. SUBJECT! - CONDOMINIUMS, CONDOMINIUM CONVERSIONS AND CURB-CUT DRIVEWAY STANDARDS . STATEMENT OF THETATTER At your last regular meeting the City Council discussed problems involving condominium development especially in areas with Specific Plans that do not have development standards and in large lot Multiple -Family Zones. Staff was instructed to draft a condominium and condominium conversion ordinance and to develop standards for curb cuts and driveways. In addition Staff was to research the need for an urgency ordinance that could be applied if the Council desired to halt building permits in areas, zones or Specific Plans where the City lacks proper development standards. Staff has researched this matter as reported in the attached memo to the City Manager. In addition, staff has prepared preliminary studies for the development of condo- minium, condominium conversions and curb cut driveway standards. Staff has also worked with the applicant on the condominium project that was discussed at your meeting and we feel the major concerns expressed by council are being resolved. Based on or staffs findings of the slight possibility of projects being developed in the near future without development standards and the cooperation of the (Specific Plan 38) Vale II developers in working with the City staff to solve the expressed city's concerns with their project, we are not recommending a moratorium be excepted by the City Council at this time. EXHIBITS ; Memorandum to City Manager from Planning Director, dated 9/1/77 Exhibit "A" dated 9/1/77 - Condominium and Condominium Conversion Exhibit "B" dated 9/1/77 - Curb Cut and Driveway Standards Memo to City Manager from Planning Director dated 7/8/77 RECOMMENDATIONS : 1. That an Urgency Ordinance not be adopted at this time based on staffs' findings contained in attached report. If the City Council disagrees with this recommen dation and wishes to stop development, your action is to direct City Attorney to return with an Urgency Ordinance at your adjourned meeting of September 13, 1977. The Urgency Ordinance should prohibit the issuance of building permits for more than one unit per lot in SP-38 and all R-3, R-P, and RDM zoned properties that are larger than one acre. 2. That the City Council direct staff to complete Ordinance Amendment studies on Condominium, Condominium Conversions, curb cuts, driveways & similar matters as indicated in preliminary studies contained in Exhibit "A" &-,"B". 3. That City Council direct City Attorney to prepare final study into Ordinance and Planning Director to set matter to public hearing before Planning Commission as soon as possible. « 4. Direct Staff td update MRF development standards and draft ordinance for dis- discussion that requires enclosed parking for single family residences. AGENDA BILL NO. 5181 ~2' September 6, 1977 Council action 9-6-77 The Council accepted staff recommendations as contained in Agenda Bill #5181 dated September 6, 1977. MEMORANDUM September 1, 1977 TO: Paul Bussey, City Manager FROM: James C. Hagaman, Planning Director RE: Condominiums, Condominium Conversions and Driveway Standards Recently Staff brought to the attention of the City Council some prob- lems with City approved Specific Plan allowing condominiums with little if any development standards. We explained that these problems are complex and that they reflect problems with our P-C Zone, Multiple Family Zone, curb cut/driveway standards and the lack of a review process for condominiums. In particular we explained that the City has approved and is in the process of reviewing building permits for condominiums in subdivisions in the P-C Zones where the Specific Plans have no development standards. There are some problems in these- particular subdivisions in that the condominiums have poor traffic circulation, inadequate visitor parking and offer a few amenities. Also, it was explained that this could occur in any Multiple-Family Zone where the lot is large enough to allow development on a private drive. At the conclusion of the report, Staff recommended that an urgency ordinance be adopted to place a moratorium on the issuance of building permits for condominium developments that lack sufficient development standards. In addition, Staff recommended that the condominium regulation ordinance now being drafted be made high priority, that apartment conversions to condominiums be regulated as condominiums, and that City study curb cut and driveway standards. The following is a discussion on each of the matters of concern. Urgency Ordinance Moratorium on Condominiums! At our discussion with the City Council,Staff indicated that we were working with a developer that is designing approximately 280 unit condominium within an area approved by a Specific Plan that does not have develop- ment standards. Staff felt at that time these preliminary plans had design problems especially pertinent to visitor parking, access, and private streets that appeared to be public streets. Staff also explained that at this time we did not know how many more Specific Plans of this nature were approved. The City Council directed Staff to further research this matter and return with report and with an Urgency Ordinance to halt processing further condominiums until condominium ordinance could be adopted if such ordinance was considered necessary. Staff's analysis of the Specific Plans processed by the City indicated that the only Specific Plan for Multiple-Family Residential, not yet built out that does not contain development standards is Vale II (SP-38). Further research into Vale II finds that a portion is in the process of being developed by Warmington Corporation; Staff feels that this development has shortcomings but building permits have already been issued. Another portion of Vale II is being developed with single-family residential homes and Staff has arbitrarily required R-l development standards be adhered to. The remaining portion of Vale II is the Shapell Proposal which was discussed at your last meeting. Since your last meeting we have reviewed your concerns with the Shapell project. We believe we have made progress in solving these concerns. The developer has indicated they will provide visitor parking within each of the private street areas, proper turnarounds, and design driveways so they appear to be private drives instead of public streets. As of this writing we have suggested some changes in design as locating parking in private streets, garage setbacks, automatic garage-door openers; common refuse pickup areas. Of course the developer could request building permits ignoring Staff's suggestions.(However'we have attached a letter from the developer indicating general agreement with Staff suggestions and that they will submit the CC&R for our review.) A related problem is the development of condominiums in any zone where the lots are large enough for private streets. This is a particular problem in the Multiple Family Zone because the density will permit crowding of the units. There are fourteen Multiple- Family zoned areas in the City that could be developed in this manner and one already has a condominium map. Nine are in Carlsbad Sewer District and therefore Staff feels that the problem is not an immediate concern because condominium regulations can be adopted prior to sewer availability. Five of these areas are within the Leucadia District, therefore out of City control. It is always possible that the Leucadia District would approve sewer hookups. However, Leucadia apparently has the same sewer situation as Carlsbad. Staff feels that the development problems associated with condominiums on properties that have Specific Plans without proper development standards or Multiple-Family Residential zones is not immediate at this time, therefore we do not recommend adoption of an urgency ordinance. However, Staff will keep the City Council informed on the progress of the Shapell Industries project designs. CONDOMINIUMS The City's lack of condominium regulations was brought to the attention of the City Council last April while hearing a Tract Map for a condominium (CT 77-5 Pelican Properties). That particular condo- -2- minium request was for a one lot subdivision. Although City process requires a public hearing the State Map Act and Condominium Regulations do not require proposed structures be made part of the map. Therefore the City had no site development control other than public facilities on the development. The City Council expressed a desire to have condominium regulations for the processing of Site Plans. Staff pointed out development standards should recognize condominiums as requiring different development standards than normal apartment standards. For instance in apartments the maintenance is the responsibility by a single owner or manager, while under multiple-ownership, maintenance is the responsibility of an association. This is a particular problem if repairs for one unit effect other units i.e. water line leak, sewer line stopage, etc. The City Council subsequently heard a request for a conversion of an apartment to condominium (CT 77-11). Staff recommended denial and pointed out that the same needs exist in condominium conversion as new condominiums. Since the August 16, 1977 City Council meeting, Staff has reviewed this matter further. We found that many cities believe it's the City's responsibility to insure that condominiums are developed on the principle of multiple ownership=providing ease of maintenance, sufficient storage and parking and onsite amenities to meet desires of families in a homeownership situation. Many cities now require Public Hearing processing by either Conditional Use Permit or as Planned Unit Development. Other cities consider condominiums and Planned Unit Developments as the same type of development. Staff reviewed Carlsbad's Planned Unit Development requirements and feel that with some adjustments, they can be appropriate for condominiums. Conversions to Condominiums; Conversion of apartments to condominiums is an expeditious way of achieving homes for individual ownership. This is done by simply having a one lot subdivision adopted by the City and having a corporation approved by the State Department of Real Estate. Many cities in California have expressed concerns about conversions since apartment conversions reduce the supply of rental units and increases the cost of units. Since most of the apartments were designed for rentals they do not contain amenities that are generally considered important for home ownership. If there is a basis for requiring new condominiums to have higher standards than apartments, then it stands to reason that the converted apartments should also contain reasonable condominium amenities. (A side problem of having condominium regulations but none for conversion is that a loop hole is made which will allow development of apartments only to be converted into condominiums at a later date thereby passing condominium regulations). Non-Condominium Development; It has been noted that if condominium standards are adopted there will be a difference in the development standards for condominiums and apartments. -3- Planning staff acknowledges these differences and feels that the present Multiple-Family Residential standards are outdated and should be comprehensively amended. An example of an inconsistency is covered parking. Planned Unit Developments require covered parking whereas all other developments do not including single family dwellings. In order to stop the conversion of garages to living quarters, the City Council should consider an ordinance change. Driveway - Curb Cuts; Curb cut and driveway standards are necessary to insure proper on-site traffic movement and street safety as well as providing guidelines for developers. Presently Carlsbad does not have curb cut/driveway regulations. It is now possible for a developer to design a curb cut and either develop the driveway without paving or constructed to appear as a City street. For example in some R-2 zones developers are placing two driveways on a lot thus reducing street parking. This means a 60-70 foot lot will have at least 40 feet of curb cut with little or no on-street parking. There are other problems created by not having driveway standards such as inadequate turning radius and clear distances for refuse and safety vehicles, and substandard construction of the drives. For your information Staff has attached Exhibit B, a preliminary study of these regulations. This study has not been fully staffed, but it contains the type of standards we believe should be considered, Attachment Map of areas that possibly could be built as no development standard condominiums. -4- OCR AN SIDE HWY 78 J. ^ "1 1 , 6000 SCALE CITY OF CARLSBAD DATE 4,7.1977 , SQUIRES DAM I , / AGUA HEDIONDA LAGOON PACIFIC OCEAN 'KEY i. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. \ - Vacant or semi-vacant R-3, RDM, or RP Land (Multiple-Family) 1 acre R-3 1.3 acre R-P 1 acre R-3 w/condo note 3 acres, 3 lots R-3 w/condo note 1 acre RDM w/1 old building 1 acre RP w/1 old building 6.87 acres RDM 120 acres RDM 2.75 acres RDM .66 acres 1-2 acres RDM 5.14 acres RDM w/condo notes 13. 24 acres RDM 14. 8 acres RDM Boundaries SP-38 and it's sub- """""* divisions. 1-Shapell 2 PUD-7 3 SP-176 4-Warmington SP-38 area without adequate dev- elopment standards. SP-38 area with adequate standards Exhibit A 9-1-77 DRAFT ORDINANCE AMENDMENT STANDARDS AND CRITERIA FOR CONDOMINIUMS FJOR DISCUSSION ONLY . CHAPTER 21.47 STANDARDS AND CRITERIA FOR CONDOMINIUMS Section 21.47.010 Intent and Purpose. The purpose of the section is to .provide for the general control of.the design and development of condominiums and other forms of multi-ownership projects and to provide for the conversion of existing developments to condominiums. General control is desirable to promote adequate design and amenities that pro- mote satisfactory home ownership in multi-ownership projects. 2.1.47.020 Definitions: Condominium "Condominium" shall mean any multi-ownership projects where the owners hold an undivided interest in common of a portion of a parcel of real property together with- a separate interest in space in a complex located on such real property, or a"'"Community Apartment" as defined in Section 11004 of the California Business and Professions Code in which the owners undivided interest in the land is coupled with the right of exclusive occupancy of a designated unit located thereon or therein. 21.47.030 Processing. For th.e purpose of processing the creation of condominiums, all processing procedures and development standards as -required in 'Chapter 21.45 (Planned Unit Development) shall be met. 21.47.040 Conversion of Structures and Buildings to Condominiums. Existing structures and buildings may be converted to condominiums pro- vided the requirements of this Chapter are met, which includes meeting all processing procedures and development standards as required in Chapter 21.45 (Planned Unit Development). .21.47.050 Exceptions for Condominium. Conversions. If it's determined that there exist unique physical constraints on the property, exceptions to the requirements of Chapter 21.45 can be made provided the structures and/or buildings requested for conversion were granted building permits prior to the adoption of this section. However, the following requirements must be met: 1. Separate hot water heaters for each unit 2. Separate utility metering for each unit 3. Usable open space at the ratio required in Section 21.45.120. However, private decks, private patios, individual interior courtyards, etc., may be included in the usable open space calculation. -2- Exhibit B- • 9-1-77 DRAFT ORDINANCE AMENDMENT CURB CUT AND DRIVEWAY STANDARDS FOR DISCUSSION ONLY Section 21.44.220 CURB CUT STANDARDS 1. DEFINITIONS: Curb cuts are "defined as the driveways that extend from the street face of the curb to the edge of the property Hne, hence referred to as curb openings, curb cuts, or driveway openings. 2. GENERAL REQUIREMENTS: All curb openings or driveway openings in .the-pub!ic right-of-way shall conform to the standards and notes provided in sections G-14, G-15 and 6-16 of the "San Diego Area Regional Standard Drawings, Dec. 1975". If the City Engineer deter- mines there are unusual circumstances that require modification of these standards, such modification shall be permitted only upon approval of the City Engineer. 3. ABANDONMENT: When a curb cut is either partially or totally abandoned, the owner of the property for which the driveway was pro- vided shall remove the depressed portion of the'curb and install full freight curb across the opening and shall fill the depression behind the curb". • 4. In the R-l and R-A zones, there shall be no more than one curb cut on each street frontage except one additional curb cut is permitted- for each 120 linear feet of frontage on each street. 5. Cur,B cuts from a private street that has curbs shall meet" all requirements of this section. • Section 21.44.230 DRIVEWAY STANDARDS 1. DEFINITIONS: For the purpose of these standards the following definitions will be used: A. A driveway will be considered as the accessway located between the parking area and that point where the apron of the curb-opening meets the property line. B. A residential driveway is any driveway serving any legal lot containing five parking spaces or less, all other drive- , ways will be termed commercial driveways. C. 'Private streets are considered driveways. 2. GENERAL DRIVEWAY REQUIREMENTS: A. LINE OF SIGHT: Each driveway entrance and exit shall be maintained so that any vehicle entering or leaving the parking area shall be visible to a person approaching such entrance or exit on any pedestrian walk, footpath or public right-of-way a minimum distance of ten feet. B. OVERHEAD CLEARANCE: All exterior driveways and parking areas shall have a minimum overhead clearance of eighteen feet to assure adequate operating clearance for safety and refuse pickup vehicle. C. All driveway turns and curbs shall have a minimum radius of twenty feet, except where unusual circumstances exist as determined by the Planning Director; appropriate modifications may* be approved. D. All driveways, open parking areas, and turnarounds shall« *•• • be p'aved with four inches of untreated base material and topped with hard, durable plant mix asphalt at least two Inches thick. Concrete or other materials may be substituted to the satisfaction of the City Engineer. - • ' '-2- 3. COMMERCIAL DRIVEWAY REQUIREMENTS: A. Commercial driveways shall not exceed a width of thirty feet or be less than twelve feet in width. However, driveways exceeding the maximum width requirement may be approved provided * the design and construction of the driveway meets all require- ments of a public street as required by the City Engineer. B. Driveway backup area shall be a minimum of twenty-four feet for 90° parking. Backup areas for parking less than 90° shall be designed to the satisfaction of the Planning Director. C. Parking areas serving five or more parking spaces shall provide a turn-around with a minimum 25° radius, or appropriate hammer head turn area. 4. RESIDENTIAL DRIVEWAYS: A. Residential driveways shall not exceed a maximum of twenty- four feet or be less than twelve feet in width. 5. EXCEPTIONS: Exceptions to these requirements are permitted if such exception is specifically permitted in this Code. -3- Non-contiguous Sidewalk curb line fr \j\ I 3'-0" *•.».--V ' • •Optional Contact Joint- • Depressed Curb • • Gutter • . Property Lioa 3'-0" V S • Contiguous Sidewalk I. .Weakened Plane Joint PLAN r 1 Driveway width shown on plans ~=i-<^ ~ ^^- — Depressed Curb— — _^_ *':':: Rnttnm nf Curh __-— — $>^~ >>'j.-.\ Ui- — \ 2 •**" M ELEVATION (typ.) Edge of Sidewalk Normal Rise 1/4" per foot 4" Residential. 6" Commercial SECTION r H-l-1" above Gutter NOTES 1. No concrete shall be placed until forms and subgrade are inspected by the Agency. 2. Concrete shall be 517-C-2500. 3. Weakened plane joints required on driveway C for driveways 12 ft. to 24 ft. wide, driveways wider than 24 ft. to 30 ft. wide shall have two weakened plane joints evenly spaced. 4. See standard drawings G-15 and G-16 for width and location requirements. LEGEND ON PLANS of Residenti.il (Commercial) Driveway •ECOMHENOEO «y THE SAD DIEGO MGIOMAl STANDARDS COMMITTEE te»tf**>oi MC.E. I9W) Out DRAWING NUMBER G-14 SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE DRIVEWAYS Revision By Approved Date REQUIREMENT 1 No portion of any curb opening shall be permitted within 6' of the intersection of the prolonged property lines and the curb as shown by arc A. REQUIREMENTS No portion of any curb opening shall be permitted in the curb return where the radius of curb is 25' or less, as shown by arc B. REQUIREMENT 3 On all curb returns where the radius is 25' or more, curb openings may encroach upon each end of the return a distance equal to 12 1/2% or 1/8 of the total length of the arc on the curb return, thus leaving at least 75% of the length of arc on •the return face free from driveway encroachment, provided Requirement 1 is met. REQUIREMENT 4 No portion of any curb opening shall be permitted in the curb return where a seperate turning movement is provided, as shown by arc C Revision By Approved C. Date SAN DIEGO REGIONAL STANDARD DRAWING DRIVEWAY LOCATION - ADJACENT TO CURB RETURNS AND STREET LINES RECOUMtNDtO BY THE SAN OltCD REGIONAL STANDARDS COMMITTEE MCE IMOI DRAWING NUMBER G-15 . ALLEY Obstructi0"-^ * «c 3 Ia.o£ ' ' ' •• y min. from jTv any driveway J X ^^•^;.»;'••• Voft V'-^ • •• '•"• '.' • c — . '£• a> Driveway o •/ •-. .v*:rl .y;;••.•.-. ••.:•. :?•• '-.- -.-', :v~ "^^ ^<Z •o-.'vv;-- s->>;;^ •••.'-• ;• • •• . .. -. .-:-;'••-..• ••-:> o,•_•'."»-.' ' ~ V-' Driveway g^ o c • -5 1 5 j: ™ •» "^•'^ — Obstruction y Driveway Width6' min. from Alley or Drainage Outlet . » Residential Driveway Width --12' min.. 30' max. • ~, — .Residential: 20' min. between curb openings serving same parcel. Commercial: 4' min. to 10' max. between curb openings serving- same parcel. If over 10', minimum of 26' required. •Ss ra" CJ^>*wla ' •»— -Curb radius i Curb-*JL_ •? II I 1 >/ / • = /7c^" // £^7 V ^^ *i ^~*^^ .^V . - •=• KECOMHENDEO (V TH REGIONAL STANDARDS . {?&^0.-t: S. ^J ' _^^ STREET Commercial Driveway Width - - 12' min., 30' max. • t NOTES \ 1. Curb openings, except for joint-use driveways and drive ways on lots having 21 - foot frontage or less, shall be located at least - 3 feet from the side property line extended. 2. Not more than 40% of the property frontage on residential lots, nor 60% of the property frontage on commercial lots may be allocated for driveway curb openings, except that lots having frontage of 25 feet or less are entitled to one 12 foot driveway' • ' (18 foot curb opening). 3, All driveways and curb openings shall be a minimum of 3 feet from any obstruction, .i.e., poles, hydrants, etc. 4. No portion of any driveway shall be allowed across a line extending normal to the roadway from the front corner of the property, except that joint-use driveways may be permitted in special instances where written approval of uoi'i property owners is filed with the Agency. Eco*Ml,DTTECE° SAN DIEGO REGIONAL STANDARD DRAWING •<?/<:. /f/J CM>*WV HCt. 11M> Out riR IVEWAY LOCATION SuMBS0 G-1S AND WIDTH REQUIREMENTS Revision By Approved Date 1 i 1( * » • » t - t 1 \ ii / MEMORANDUM • 'DATE: JULY 8, 1977 TO: , Paul Bussey, City Manager FROM: James C. Hagaman, Planning Director RE: Condominium Development in Areas Approved by Specific Plan INTRODUCTION: Recently the City has received plans for detached single family units on lots approved by Specific Plans for condominiums. They appear to be classic examples of the type of development that the City Council has indicated they found problems with. Unfortunately the City is committed to approve the plans we have accepted for building permits, but staff wishes to review this matter with the City Council for direction on future appli- cations. HISTORY: Prior to the latest amendment to the Planned Community (P-C) zone the method to approve development in the P-C zone was by Specific Plan. Evidently the intent was to approve a site plan for each lot or develop a set of regulations under the process of Specific Plan. Unfortunately this was sometimes unacceptable to developers and land holders because they did not know at the time of subdivision what the site plan would be. To accommodate this apparent problem the City accepted application for Specific Plans, that were nothing more than Tract Maps. None or few development standards were established on the plans or made part of the adopting documents, except statements such as certain lots will be used for multiple family condominiums at a certain density. Some Specific Plans indicate that development shall meet standards of a certain zone such as R-3, but site review was never made a part. APPROVED SPECIFIC PLANS: ' From a brief review of the files it appears .there are at least three Specific Plans that lack complete development regulations. These Specific Plans contain approximately 730 dwelling units some of which have already been built. One completed project is a particular problem (Woodbine) because it was built as detached single family residential with no development or use regulation. This means that apartments could be built, garages converted to apartments etc. without City control. .There may be other examples of this poor processing in the P-C zone. However, the main issue at this time is on condominium lots approved by S.P. 38 (Vale). VALE III: The City recently approved building permits for a "condo" project in . La Costa located along the west side of Rancho Santa Fe Road, north of La Costa Boulevard, known as Vale III. The approved Specific Plan shows only vacant lots with a note stating that the area will be built with multiple family residential at either 11 or 14 DU/AC depending on the lot. There are no development standards on the plan or the adopting documents. At the time of approval it was assumed that the development would be attached units with common parking and open areas, similar to the existing condo developments in La Costa. The approved building permits however, are for 150 detached single family homes. Each of the proposed units are fronted on a private street. The density is approx- imately 5.4 units per acre, less than half the density listed in the General Plan and Master Plan. Staff approved the first phase of 50 units request because there are no development standards on the property. However, we feel that the project is substandard and may lead- to problems in the future and will set a low standard for single family development in Carlsbad. For instance, most garages are only 10' from the curb of the private street, this rceans that if the cars were parked on.the drive they would be over the side- . walk and extend into the street, some street side yards are only 10' from the street, (R-l standards require approximately 20' from street), the distance between buildings is as low as 10' in some cases, (the R-l has a minimum of 12' along side yard lines); the private streets are 30' curb to curb, (36* is standard City width).' In summary the project when completed will appear as a crowded single family development with little private yard, narrow streets, autos parked across sidewalks and insufficient guest parking on the private streets. The private streets will appear like- public streets and will be basi- • cally the only reason there is a need for a home owners association. There is a good possibility there will be a request to abandon the association and request the City acceptance of the streets. The City could decline, but the Council may find it difficult to deny such a request from concerned citizens that have a problem in that their street needs maintenance. For all intentions the streets are public. The General Plan indicates 10-20 dwelling units per acre and the original subdivider put in utility systems for this higher density. The density approved in the building permit .is 5.4 per acre, this means added costs in maintaining these higher than necessary systems at City expense. Not meeting the permitted density also may be a problem when there is a need for multiple family units. It may be necessary to amend GP and zoning to provide higher densities in areas that are less than desirable for such higher density of planning a city. VALE We now have received preliminary plans for Vale II. The same condo notes apply as in Vale III, the only difference is the density be 11 dwelling units per acre. There are to be 281 units over(^25.7 acres for a density of 10.9. There are some attached units, so common open areas (although little is usable), and private streets. It is difficult to acertain from the preliminary plans what all the problems may be. However, since there are no development standards there isn't much staff could do to solve problems at the building permit stage. Therefore, staff is reviewing this with you to deter- mine if the CC finds a problem and if so what can be done. Multiple Family Zone Problem: Although there are specific problems with Specific Plans as noted, there is a common problem occurring in all multiple family zones. The multiple family zones do not requi re multiple family development or density, they only allow it. Therefore detached units can be built and if condo notes approved could be sold as single family condo units. Since development standards only pertain to the lot there would be little control on development of these SP units. For example the Alicante Hills area of La Costa is zoned RD-M and since it has been converted to acreage it is now one large lot. A condo map could be submitted as a one lot subdivision showing no site planning. Without regulations or guidance the City would approve it. The developer would then have free reins on type of development. This could be detached homes on private streets with no development standards—the same problem as described in the S.P.'s. The difference is that condo map has to be approved and if the City adapted condo regulations the type of development could be determined. ZONE & CONDO PROBLEM: '" The developments as discussed in this report point out an obvious weakness in the processing of the original P-C zone. In addition, they also point out weakness in our development zones and our lack of having condominium regulations. This same development could be proposed on any multiple family zoned large enough to contain a private street. The only development requirements would be as the units relate to public streets and lot lines. A solution to this problem would be to establish standards for public streets or driveways so they do not appear to be City streets, or re- quire dedication if the street meets certain standards. Adoption of a condominium ordinance will help in regaining City approval for such developments. -3- .'r? Another possibility would be to delete detached homes or possibly duplexes from R-3 & RDM zones. This would then force construction of attached units to preclude the development of lower density single family detached units in areas the City is promoting lower cost multiple rental units. However, this takes away flexibility in development, and may not totally achieve the desired end. ALTERNATIVE SOLUTIONS: There are many approaches the City can take to place some control on developments as noted. Alternatives staff feels are acceptable are as follows: 1) City initiates amendments to Specific Plans to require plans to be submitted by applicant as an amendment to the Specific Plan prior to development. This is a relatively simple process and may be acceptable to property owners. However, development standards are still missing and the City may have difficulty in properly judging developments. 2) City initiates deletion of Specific Plan and rezone to a develop- ment zone (i.e. R-3, R-2, etc.) with Q overlay (require Site Dev. Plan). The development zone will establish basic development standards and the Q will permit PC review of projects. The SDP is a relatively easy process--PC approval as a non-public hearing item. However, the development zones do not adequately cover the proposal as noted in this report. 3) City initiates deletion of the SP thereby requiring a PUD. This would be the simplest act the City could initiate and give the best control since there are standards and guidelines in the PUD ordinance to direct development. Property owners may find this objecti.onabl e since the PUD requires both PC & CC action at public hearings and the development standards and guidelines will require changes to plans presently being proposed. RECOMMENDATION: Planning staff recommends that the matter be. forwarded to the CC for the following action: 1) Adopt urgency ordinance prohibiting the approval of building permits for developments in areas approved by SP*that do not contain, development standards. 2) Initiate deletion of these SP's as stated in alternative 2 J, 3 of this report as appropriate for individual SP. 3) Initiate adoption of curb cut standards. 4) Place high priority on adopting condominium standards and condo- minium conversions regulation. \-J BP:JCH:jp