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HomeMy WebLinkAbout1977-11-01; City Council; 5241; North side of Juniper Between Garfield and AT&SF-N CITY OF "RLSBAD ' ' ' ™, Initial: AGENDA BILL NO. £~3*// Dept. Hd. DATE: November 1. 1977 City Atty __2s_t DEPARTMENT: PLANNING City Mgr. SUBJECT: PROPERTY SITUATED ON THE NORTH SIDE OF JUNIPER BETWEEN GARFIELD AND ATSSF CASE NO: CT 77-13 APPLICANT: HARRY FRIES STATEMENT OF THE MATTER REQUEST The subject property has an area of .7 acres and is situated on the north side of Juniper between Garfield and ATSSF. It is a request to covert a 15 unit apartment that is now under construction into a condominium. The project was granted sewer permits for apartments prior to the effective date of the.sewer moratorium. Therefore this request for condominiums will not add to the existing sewer demand. Staff had recommended approval, but the Planning Commission recommended that it be denied as explained in Planning Commission Resolution No. 1^08 and attached memo. If the City Council disagrees with this recommendation and approves the request, staff suggests that a condition be added that requires that the final map contain the number of units approved. Although the application indicates 15 unitsj the tentative tract map does not. It is necessary to fix the amount on the tract map for calculation for school and park fees. EXHIBITS Planning Commission Resolution No. 1408 Memo to City Manager dated, 10/27/77 Staff Report dated, 9/28/77 Exhibit "A" dated, 7/22/77 Location Map RECOMMENDATION The Planning Commission recommends that CT 77-13 be DENIED. If the City Council concurs, it is recommended that the City Attorney be directed" to prepare documents as per Planning Commission Resolution No. 1^08 If the City Council does not concur, it is recommended that the City-attorney be directed to prepare documents as...per staff report dated, 9/28/77 with an additional condition as follows: "The maximum number of condominiums as approved is 15, and shall be so indicated on the final map." (See Page 2 for Council action) FORM PLANNING 73 AGENDA BILL NO. 5241 -2-November 1, 1977 11-1-77 Following the public hearing the City Attorney was directed to prepare the documents necessary approving CT 77-13 as per staff report dated September 28, 1977, with an additional condition as follows: "The maximum number of condominiums as approved is 15, and shall be so indicated on the final map" 8 Q 10 •11 12 14 15 16 17 18 19 20 21 22 23 PLANNING COMMISSION RESOLUTION 1408 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A TRACT MAP TO PROVIDE FOR 15 CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF JUNIPER BETWEEN GARFIELD AND THE AT&SF RAILROAD. CASE NO.: CT 77-13 APPLICANT: HARRY FRIES WHEREAS, a verified application for certain property to wit: Parcel 2 in the City of Carlsbad, County of San Diego, State of California, as shown on Page 1443 of Parcel Maps filed in the Office of the County Recorder of San Diego County, April 6, 1973, Lot No. 3, Block Q, Palisades No. 2, Map No. 1803, Juniper Avenue has been filed with the City of Carlabad and referred to the « Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 5th day of October, 1977, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Carlsbad Tract Map (CT 77-13) and found the following facts and reasons to e^ist: 1) The design or improvement of the proposed subdivision is not consistent with the General Plan beca.use: 24 a) The design and improvements of the project does not 25 provide development criteria necessary to warrant the granting of the maximum allowable density of the General 26 Plan. Although the General Plan doesn't list specific requirements, the lack of the following items generally 27 provided 'by current standards, justifies this finding; 28 ////// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 1. Sufficient visitor parking 2. R-V Storage space 3. Recreational open space facilities on the site NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That the action of the Planning Commission -is to DENY Carlsbad Tract Map (CT 77-13), on property located on the north side of Juniper Avenue, between Garfield and the AT&SF railroad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on October 5, 1S77, by the following vote, to wit: 'AYES: Commissioners Larson, Rombotis, Jose, Woodward. NOES: Commissioners Fikes, L'Heureux. ABSENT: Commissioner Watson. ERIC LARSON, Chairman ATTEST: JAMES C. HAGAMAN, Secretary -2- : 10-27-77 MEMORANDUM October 27, 1977 TO: Paul Bussey, City Manager FROM: James C. Hagaman, Planning Director SUBJECT: CT 77-13, Harry Fries The Planning Commission in recommending denial of this condominium conversion request used as a basis for that denial the Planned Unit Development standards within the City Codes. As a matter of information it should be pointed out that earlier this year we indicated to City Council during the Vale II (Shape!1) condominium discussions that the City did not have condominium or condominium conversion standards but were using as a matter of policy standards contained within the PUD ordinance. It was pointed out that a moratorium of condominium or condominium conversion was not deemed necessary due to the low probability of a substantial number of applications being submitted to the City. I personally am still of that opinion. However, the staff is still working on condominium and condominium conversion standards which are not ready to come before the Commission and Council at this time, and therefore the only required action before the Council is a proposed subdivision map providing for a condominium conversion. As a matter of policy, the Planning Commission has been and did use the PUD regulations to evaluate the proposed condominium conversion coming before the Council. In that context the Planning Commission found that the off street parking and storage areas are not adequate, and the open space provided has questionable usability. This is consistent with the Planning Commission's former action on a proposed condominium conversion located on Laguna Drive which was denied by the City Council. The Planning Commissioner's specific concern with off street parking relates to the PUD regulations requiring one and one-half covered parking spaces per unit plus one visitor space for each unit requiring a total of 38 spaces. While the current R-3 zone standards for multiple family buildings would require only 24 spaces,it is felt by the Planning Commission that based on location of the condominium near the beach, that parking is of paramount concern and should be upgraded. It has come to my attention that the proponent is investigating the combination of some of the smaller studio units within the building into larger units, therefore reducing the number of units and required parking which would tend to minimize this impact. JCH:s fl> STAFF REPORT DATE: September 28» 1977 TO: DCC / FROM: ' : • Planning Department CASE NO.: CT 77-13 .. APPLICANT: Harry Fries • REQUEST: • Tract Map to Provide for 15 Condominium Units • • SECTION I; RECOMMENDATION Staff recommends that CT 77-13 be APPROVED based.on the following findings: FINDINGS 1. The proposed map is consistent with the General Plan because: » * • a. The Land Use Plan Map designates the subject site for residential high, density (20-30 dwelling units per acre). The subject project will provide approximately 21.4 dwelling units pe/- acre, b. Condominium development will provide for home ownership in this high density area near beaches and recreation areas. 2. The design or improvement of the proposed subdivision is consistent with the General Plan because: « a. The project will provide orderly residential development. b. The project will not cause excessive expansion of public facilities and/or expense to the taxpayer; and 3. The site is physically suitable for the type of development because: .^ a. The proposed development will not affect any unusual topographic or geologic features on the site; b. No significant natural vegetation exists on the site. 4. The site is physically suitable for the proposed density of •development because: a. There are no significant physical features on the site that would hinder development as planned. 5. The design of the subdivision or the type of 'improvements are not likely to cause serious public health problems because: a. Conditions of approval will insure the above. 6. The design of the subdivision or the type of improvements will not conflict v/ith the easements required by the public at large for access through or use of property within the proposed subdivision because: a. Conditions of approval will insure the above. * , - 7. The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a. The subdivision does not front on any of the above. 8. The subject application has complied with the requirements of the Carlsbad Environmental Protection Ordinance of 1972 because: a. The.project is categorically exempt because it is considered a conversion of existing multiple family units (construction of apartments are underway) to a condominium. 9. The proposed tentati-ve tract map is consistent with applicable City Public Facility Policies and Ordinances because: a. Sewer service was issued for the development prior to the present sewer service moratorium. b. School facilities have been guaranteed as per letter from Carlsbad Unified School District, dated September 8, 1977. c. A condition of approval is that park "fees are required. d. All other public facilities are existing or can be met. CONDITIONS . 1. The approval is granted for the land described in the application and any attachments thereto and as shown on the plot plan submitted, labeled Exhibit A, dated July 22, 1977. 2. Park-in-lieu fees shall be paid to the City prior to approval of the final map. -2- 3. A recreation and landscape plan is to be appro'ved by the Parks and Recreation Director that includes recreationa.l uses such as picnic tables, usable open areas and some form of act'ive recreation facilities. This recreation area and landscaping shall be fully installed prior to approval of the occupancy of the units. 4. The uncovered parking-area shall be separated from the abutting property to the west by a 6' view obscuring wall, fence, or compact evergreen' hedge, 6 ft. in height. This shall be completed prior to approval of the final map or occupancy of the units, whichever comes first. • . SECTION I.I: BACKGROUND ^ .' .. Location and Description of Property: The project is located on the north side of Juniper between Garfield and the AT&SF RaiIroad. The .7 acre parcel is rectangular in shape except for a section at the SE corner approved as a separate lot. Existing Zoning: Subject Property - R-3 North - R-3 South - R-3 East - R-3 *• West - R-3 Existing Land Use: Subject Property . • North South East West Apartment Started SFR and Vacant SFR SFR and Apartments SFR and Apartments History and Related Cases: Building permits were issued for apartments on April 14 April 14, 1977, building permits were issued for the pn unit apartment. To meet condominium development '' has revised the plans to give more individual opi hour interior fire walls with two hour rating on and all utilities systems will be individual to i 1977. On .. . -„ . - ... project as a T6 unit apartment. To meet condominium development criteria, the applicant has revised the plans to give more individual open areas, provide one walls between units, each unit with separate meters. CT 77-11 - Laguna Palms - A proposed condominium conversion from apartments was denied because some condominium criteria could not be met and density was greater than allowed by the General Plan. -3- IEnvironmental Impact Information; There will be no adverse environmental impact caused by this project sinc-e the project is in a highly urbanized area that contains all urban services. There is no natural feature of value except for development as proposed. • General Plan information: The Land Use Element of the General Plan designates the site Residential High Density (20-30 dwelling units per acre). * The project has a density of 21.4 du per acre. Pub!i c Facilities: The proposed tentative tract map is consistent with applicable City Public Facilities Policies and Ordinances because: a. Sewer service was "issued for the development prior to the present sewer service moratorium. b. School facilities have been guaranteed as per letter from Carlsbad Unified School District, dated September 8, 1977. c. A condition of approval is that park fees are required. d. All other public facilities are existing or can be met. Major PIanni ng Cons iderations: Vlill the project meet appropriate development criteria for proper condominium development? How would this project compare to one built under PUD standards? DISCUSSION The project is now under construction as an apartment house. However, the applicant has submitted corrections to the plans to comply with criteria Staff feels is necessary for proper condominium development. (See discussion under History for further explanation of changes). ^ Since this project is now under construction, there'will be no renters displaced by the approval of this condominium. Therefore the concerns expressed in previous conversations regarding displacement of renters and loss of rental units will not be a factor in this application. The City Council has reviewed a draft condominium and condominium conversion ordinance and has directed Staff to do further study and put into final form. This draft ordinance indicates that the standards for condominiums would be based on the Planned Unit Development Ordinance. .4. The applicant has attempted to change the project' to meet this criteria, by providing two hour rated fire walls between units and separate utilities. Open space and recreation is a requirement of the approval. / •• However, the project falls short in parking requirements. The Planned Unit Development Ordinance requires \% parking spaces for each dwelling unit for high density development. The project has 15 dwelling units with 15 covered parking spaces and 9 uncovered for a total of 24. This meets the "\h ratio requirement. However, the Planned Unit Development Ordinance requires one visitor parking space for each dwell ing 'unit with credit for street parking. There are approximately two spaces that can be used for visitors directly in front of this project. Therefore the project will fall short of meeting this Planned Unit Development criteria. Additional on-site spaces could be provided. Staff has not recommended doing this because valuable open space and recreation areas would be removed and the gain in five spaces would not be appreciable. . • The RV storage requirements would be 640 square feet which also could be placed on the site at the expense of losing open space. It is possible to- place a condition on the approval that RV spaces be secured off-site in a commercial storage yard and be the responsibility of the Homeowners' Association to maintain. Staff has not required the meeting of additional parking or RV storage for this particular condominium development because: 1. The development has. already been approved for apartments with the present parking ratio as required in the R-3 Zone. 2. The open space and recreation on-site is desirable in this relatively high density area and therefore should not be converted to parking and storage. \ 3. The people who buy and live in these high density areas near major recreation (beach) generally accept insufficient parking and storage space. Attachments • Exhibit A, July 22, 1977 Location Map C6:BP:jp -5- SOURCE.'500SCALE ZONING HAP Case Pate Rec'cl;DCC Description of Request:<Lof CQODQA/f//0>OM pc D I6T J Address or Location of Request: Appl Tearft: Engr. .or Brief Legal: V. g /\VP-——« Assessor Book: General Plan Land Use Description: Page: ^.40 ~ Parcel : - Existing Zone:'___ Acres:jQt^7____No. of Lots: School District: ^L^__J, Water Sanitation District: Within Coast Plan Area: _ _ Proposed Zone: _DU'S IS~ U"U/7\cre 2j74~. -- tr"^ - : - - — •»—*-* - • — Coast F c r in i t "'A r c a: FORM PLANNING 52