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HomeMy WebLinkAbout1978-03-07; City Council; 5350; 19 Unit Airspace Condominium Conversion*C CITY OF r"RLSBAD I Initial: AfcEJNDA BILL NO. O*3v56> DATE: March 7, 1978 DEPARTMENT: PlanninS Uept. Hd. l^**^zl> x City Atty AfpA City Mgr. T^ SUBJECT: Case No: CT 77-18 Applicant: G.J. Linquiti STATEMENT OF THE MATTER This application is the second of the two condominium conversion tract maps in process at the time of adoption of the moratorium on accepting condominium conversion applications. The site is on the west side of Jerez Court backing on to the La Costa Golf Course. It is a request for a 19 airspace condominium on 1.5 acres of land which is relatively flat. Sewer will be serviced through Leucadia County Water District. However, at this time Leucadia was only able to grant 16 sewer permits with a provision that the applicant would be able to apply for the remaining 3 sewer permits at a later date when they are available. To meet the requirement of the public facilities element, the, Planning Commission when approving the tract map established two phases for development. The first phase would be for the M units that sewer permits have been granted, and the second phase for the 3 units that will receive sewer permits at a later date. The Planning Commission recommended that CT 77~18 be approved with the findings and .condi t ions as listed in the staff report dated February 8, 1978, with the modification of Condition No. 3 to require that the portion set aside for the second phase be landscaped at the time of development of the first phase, and added Condition No. 4 which establishes the two phase development plan. EXHIBITS Planning Commission Resolution No. Staff Report dated February 8, 1978 Location Map Exhibit "A" dated February 8, 1978 RECOMMENDATION It is recommended that the City Council direct the City Attorney to prepare documents approving CT 77~18 as per Planning Commission Resolution No. Council action 3-8-78 Council directed the City Attorney approvinn CT 77-18 as per Planning . No. 1434, subject to deletion of to prepare documents Commission Resolution Condition 4 on Page 3. FORM PLANNING 73 1 PLANNING COMMISSION RESOLUTION NO. 1434 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A 3 CONVERSION OF AN APARTMENT COMPLEX TO A 19 UNIT AIRSPACE CONDOMINIUM ON 1.15 ACRES ON PROPERTY 4 GENERALLY LOCATED ON THE WEST SIDE OF JEREZ COURT, NORTH OF GIBRALTOR IN LA COSTA SOUTH, UNIT 5 NO. 5. CASE NO: CT 77-18 6 APPLICANT; G.J. LINQUITI 7 WHEREAS, a verified application for certain property to wit: 8 Lots 330 through 410 of La Costa South Unit No. 5, according to Map No. 6600 filed in the Office of 9 the County Recorder of San Diego County, California, March 10, 1970, and filed as document No. 42915 10 has been filed with the City of Carlsbad and referred to the 11 Planning Commission; and 12 WHEREAS, said verified application constitutes a request as 13 provided by Title 21 of the Carlsbad Municipal Code; and 14 WHEREAS, the Planning Commission did on the 8th day of 15 February, 1978, hold a duly noticed public hearing as prescribed 16 by law to consider said request; and 17 WHEREAS, at said public hearing, upon hearing and considering 18 the testimony and arguments, if any, of all persons who desired 19 to be heard, said Commission considered all factors relating to 20 the Carlsbad Tract Map (CT 77-18), and found the following facts and reasons to exist: 22 1) The site is physically suitable for private development 23 because: 24 a) The site is presently graded to relatively flat pads that can accommodate the density proposed. 25 b) The site abuts a golf course to the west giving view and 26 appropriate light and air. 27 2) The site is physically suitable for the proposed density of the development because: 28 1 that would hinder development as planned. 2 3) Their design of the subdivision for the types of improvements 5 4 5 n conditions of approval will insure their compliance. 6 4) The subject applications comply with the requirements of7 8,, project based on the following findings: 9 10 11 or vegetation. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 a) There are no significant physical features on this site will not cause serious public health problems. Conflicts with easements required by the public will not prohibit reasonable access to public areas because: a) The subdivision does not contain any of the above or Carlsbad's Environmental Protection Ordinance of 1972 because: a) Declaration of Environmental Effect was issued for this 1. The project is to be constructed in an existing urbanized area. 2. The subject site is devoid of any significant wildlife 5) The proposed tentative tract map is consistent with applicable City public facilities and ordinances because: a) The approval is limited to the 16 units that sewer service is available. b) School facilities have been guaranteed as per agreements with the Encinitas and San Dieguito Unfified School Dis- tricts. c) All the public facilities are existing on the site or will be met. & 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 in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to approve CT 77-18, subject to the following conditions: 1) Approval is granted for the land described in the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit C, dated February 8, 1978. 2) Approval of additional units shall require an approval of a new subdivision map showing the total project. & / .2 w 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 3) A recreational and landscape plan is to be approved by the parks and recreation director that includes the area of the deleted units. The plan is to contain temporary landscaping provisions for the area designated as phase 2, and as well as landscaping and recreation uses for phase 1 acre. All recreation area and landscaping shall be fully installed prior to approval of the occupancy of the units. 4) Approval is for two phases. The first phase is for 16 units. The second phase is for 3 units that can only be built after receipt of sewer permits from Leucadia County Water District. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on March 8, 1978, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JERRY ROMBOTIS, Chairman ATTEST : JAMES C. HAGAMAN, Secretary .3 STAFF REPORT DATE: February 8, 1978 TO: Planning Commission FROM: Planning Department CASE NO: CT 77-18 APPLICANT: G.J. Linquiti REQUEST: Conversion of an apartment complex to a 19 unit airspace condominium on 1.15 acres. SECTION I; BACKGROUND Location and Description of Property The three parcels totaling 1.15 acres are located on the west side of Jerez Court north of Gibraltor in La Costa South - Unit No. 5. The entire site has been graded for building pads. All street improvements have been in- stalled on the site's street frontage and surrounding area. These improve- ments and grading were presumably accomplished previous to the annexation of La Costa to the City. Existing Zoning; Subject Property: RDM (RH, 20-30 du's/acre) North: P-C South: RDM East: P-C West: P-C Existing Land Use; Subject Property: Vacant North: Condominium South: 6 unit condominium East: 24 unit condominium West: Vacant History and Related Cases; The parcel was subdivided under the jurisdiction of San Diego County as La Costa South Unit No. 5 CT 77- 17, Planning Commission Resolution No. 1432, Hal Pollard This application was for the conversion of a 25 unti apartment to a condominium on Chinquapin Avenue adjacent to the AT&SF railroad.- The Planning Commission recommended denial of this application for the following reasons: 1) Conversion of the apartment units would reduce the availability of rental units in the City which could not be replaced due to the sewer moratorium; 2} The parking rec- ^reation areas, and storage were not adequate for a concrominium use; 3) The cost •of housing would increase but the amenities would not. The item will be heard by the City Council on February 21, 1978. CT 77-13 Planning Commission Resolution No. 1408, City Council Resolution No. 5257, Harry Fries. The Planning Commission recommended denial of a request for a 15 unit condominium coversion on October 5, 1977. Like the subject request building permits had been issued for apartments but no construction had taken place. The City Council, however, approved this condominium because the applicant could make changes in the plans to accommodate condominiums and there were no renters to evict. CT 77-11 Planning Commission Resolution No. 1379, City Council Resolution No. 5162, Laguna Palms. A proposed airspace condominium conversion of 45 units was recommended for denial by the Planning Commission on 6/22/77 and denied by the City Council on 7/19/77. The property is located on Laguna Drive, east of Jefferson Street. Reasons for denial of design standards were: Inadequate open space and recreational facilities, less than minimum fire resistant construction, and no separate utility systems. Also, the conversion would eliminate low-moderate income housing which could not be replaced because of the sewer moratorium. Condominium Conversion Ordinance On January 17, 1978, the City Council adopted a moratorium on accepting applications for condominium conversions pending adoption of condominium standards. The City Council is concerned about the impacts of allowing conversion of low quality and poorly designed apartments to private residences, and the loss of rental units during the sewer permit moratorium. The subject request is being processed because it was received prior to the moratorium. Environmental Impact Information The project meets the requirements of Carlsbad Environmental Ordinance of 1972 in that a Declaration of Negative Environmental Effect for the tract was posted on January 9, 1978, based on the following findings: 1) The project is to be constructed in an existing urbanized area. 2) The subject site is devoid of any significant wildlife or vegetation. General Plan Information The Land Use Map of the General Plan designates the subject property as Residential High Density (RH 20-30 du. per acre). The project density is 16.5 du. per acre. A goal established by the Housing Element which relates to this project is that all residents of Carlsbad have access to adequate housing within a price range they can afford and that the environmental quality be enhanced to provide the necessary amenities and services for the residents of Carlsbad. (2) >s wPublic Facilities All public facilities are existing at the site except that only 16 of the 19 required sewer permits have been issued by Leucadia County Water District. This means that the applicant will have to get the additional 3 permits, (or guarantee thereof) by the Planning Commission meeting, or reduce the number of units to 16. The site is in the Encinitas Union School District and San Dieguito Union High School District. The applicant has entered into contract with both of these districts for school funds. Major Planning Considerations Will the project meet appropriate development criteria for proper condominium development? How would this project compare to property built under PUD standards? SECTION II: DISCUSSION Building permits for this project would have been requested for condominium except for the fact that building permits had to be issued within a certain length of time, or the sewer permits granted by Leucadia County Water District would expire. This means that the action before the City is a condominium conversion instead of a new condominium; for practical purposes this is not a conversion of existing apartments. The applicant designed the units as a condominium. Therefore, each unit will be built with 2 hour fire walls and separate utilities. The project has 12 off- street parking spaces especially designated for visitor parking, in addition to a 2 car garage for each unit. ~ There is some open areas for recreation, especially along the west side. This appears to be sufficient along with the golf course that this project abuts immediately to the west. Although the golf course cannot be used for active recreation, it is scenic and affords light and air. The project does not meet all of the requirements of a Planned Unit Development, which was used as a guide in determining development standards. However, the basic intention of the developer is to build for condominiums for this homeownership, and therefore most con- veniences and amenities "horneownerships" are built into the units. Recreational Vehicle Storage is controlled by La Costa in that they do not permit storage on RV on-site or on the streets. It is our understanding that La Costa is in the process of developing storage yards within the La Costa area for RV's. The applicant has worked very hard with staff in developing this project to this stage. The plot plan, as general shown on the tract map has been approved the Engineering, Fire, and Planning Departments. Building permits are ready to be issued. Although the condominium project is for 19 dwellings, the applicant only received 16 sewer permits from Leucadia. This means that the first phase development will be for 16 units, and later the applicant plans to acquire the 3 additional sewer permits to complete the project. The approved plot plan shows the 3 southerly units along the street frontage deleted. The application moratorium ordinance 7048 (sewer availability), states that application for property within the Leucadia County Water District may only be accepted and processed if the applicant submits a letter from such district c ( indicating that the sewer services are available in connection with the dey-, ' elopment. The City Council may approve the request if its found that the sewer service remains available and will continue to remain available concurrent with need in connection with the development. Staff errored in accepting and processing this application for a 19 unit condominium because there was a guarantee of only 16 sewer permits. The architect for the applicant was contacted on this matter on February 3, 1978, (the applicant could not be reached), he indicated that they would attempt to get a satisfactorily guarantee from Leucadia County Water District, or they would be prepared to reduce the condominium subdivision to 16 units. SECTION III: RECOMMENDATION It is recommended that CT 77-18 be APPROVED for a 16 dwelling unit condominium based on the following findings and conditions: 1) The site is physically suitable for private development because: a) The site is presently graded to relatively flat pads that can accommodate the density proposed. b) The site abuts a golf course to the west giving view and appropriate light and air. 2) The site is physically suitable for the proposed density of the development because: a) There are no significant physical features on this site that would hinder development as planned. 3) Their design of the subdivision for the types of improvements will not cause serious public health problems. Conflicts with easements required by the public will not prohibit reasonable access to public areas becuase: a) The subdivision does not contain any of the above or conditions of approval will insure their compliance. 4) The subject applications comply with the requirements of Carlsbad's Environ- mental Protection Ordinance of 1972 because: a) Declaration of Environmental Effect was issued for this project based on the following findings: 1) The project is to be constructed in an existing urbanized area. 2) The subject site is devoid of any significant wildlife or vegetation. 5) The proposed tentative tract map is consistent with applicable City public facilities and ordinances because: a) The approval is limited to the 16 units that sewer service is available. V W b) School facilities have been guarateed as per agreements with the Encinitas and San Dieguito Unified School Districts. c) All the public facilities are existing on the site or will be met. CONDITIONS 1) Approval is granted for the land described in the application and any attach- ments thereto, and as shown on the plot plan submitted labeled Exhibit A, dated February 3, 1978. 2) Approval of additional units shall require an approval of a new subdivision map showing the total project. 3) A recreational and landscape plan is to be approved by the parks and recreation director that includes the area of the deleted units. The plan is to contain recreational uses for some form of active recreation facilities. This rec- reation area and landscaping shall be fully installed prior to approval of the occupancy of the units. Attachments Location Map Exhibit "A", dated December 30, 1977. BP:ar CT-77-18 TURNER 2-8-78 Case No.CT "7 "HP Date Rec'd: 11-10-7-1 Description of Request: < DCCDate: i-3i-ift PC Date_ 11 Address or Location of Request: &i>ir-o«l-»r-o«-»Qr-X ST.) »'«Ua o st a Sourk u^.'-f Applicant: Engr. or Arch. Brief Legal: N Jr. >Jo. <r Assessor Book: a.it, Page: General Plan Land Use Description:_ Existing Zone: RPM Acres: u<r No. of Lots:_ School District: s«- t>;^a-.^ 2.^0 Parcel: Proposed Zone:__ \ • DU's DU/Acre it. Water Sanitation District. Within Coast Plan Area: C.N\.W.P. Coast Permit Area: