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HomeMy WebLinkAbout1979-11-20; City Council; 6073; Conversion of 7 Apartments into CondominiumsCITY OF CARLSBAD Initial AGENDA BILL NO: JQ Q 7J3 • Dept. Hd. DATE: November 20, 1979 . Cty. Atty Planning 'Cty. Mgr. DEPARTMENT: _ • * - * SUBJECT: '. '• ~~ ~ CT 79-15/CP-18 CONVERSION OF 7 APARTMENTS INTO CONDOMINIUMS APPLICANT: Nick La Forte" - . Statement of the Matter The proposed project is on the west side of Jerez Court nprth .of Gibralter Street in the La Costa area. The request is for the conversion of • seven apartments presently under construction to condominiums on,a .40 acre parcel. The General Plan indicates 20 units to the acre with up.to 30 units-with appropriate amenities. . The application is . .requested for 17.5 dwelling units to the acre; therefore the application is consistant with: the General Plan. However, the application is not'consistant with the condominium regulations in that the buildings are not set back the required 10 feet from the driveway. The applicant requested a variance along with this conversion application. The'Planning.Commission recommended denial of the variance, as well as the subject applications. ' -However, the Planning Commission did wish that the City Council review the setback ^requirements of the condominium regulations. Staff has ' . prepared a memo dated November 8 on this matter. Another problem noted by staff was the relative dominance of the driveway. However, the applicant has reduced this dominance by __ proposing different textured materials and landscaping within the • "driveway. This, to some degree, will delineate walkways and provide ' aesthetic relief. • ' The applicant has appealed the Planning Commission decision on the . " "variance.- To approve the'condominiums and tract map, the City Council would have to approve the variance. Exhibits " ' . • Memo to City Manager, dated November 14,1979 Planning Commission Resolution 1559 • Staff Report, dated October 24, 1979 with Location Map Exhibit A, dated October 8, 1979 Exhibits K and C, dated September 12, 1979 Recommendation • • . . It is recommended that the City Council •direc't the City Attorney to prepare documents .Denying CT-15/CP-18 as pet the Planning Commission Resolution. . AGENDA BILL NO. 6073 Page 2 Council Action: 11-20-79 Council returned the matter to the Planning Commission for the necessary findings of approval. •MEMORANDUM DATE: November 14, 1979 TO: Wayne Dernetz, City Manager FROM: James Hagaman, Planning Director SUBJECT: SETBACKS CONDOMINIUM REQUIREMENTS Setbacks are required in the condominium regulations for buildings from driveways and private streets. On October 24, 1979 the Planning Commission denied two requests for condominiums, that for different reasons, did not meet the setback requirements. Staff had recommended denial of both of these applications based pri- marily on this problem. The Planning Commission, however, felt that the City should consider amending these requirements to either delete these setback requirements or provide a mechanism to allow deviation. The section of code in question is 21.47.130 (1) (B). It indicates that building setbacks from driveways shall not be less than 10 feet except garages entering directly from private drives may be setback 5 to 7 feet or greater than 20 feet. This section has always given designers of condominiums some difficulty. This problem has been reviewed by Council in the past, and at that time, they decided not to change the code. It was felt that the 5 foot minimum for the garage was desirable to provide sufficient turning radius and space for service and safety vehicles. The 10 foot minimum setback for living portions of the building was desired to provide buffer from driveways, landscape relief, noise reduction, walkways, etc. Both of these condos with setback problems are on the November 20, 1979 City Council Agenda. I have placed a copy of this report with both Agenda Bills. With CT 79-15/CP-18, Courtyard, there was no question that the ordinance does not allow the proposed setback. Therefore a variance was requested (V-294). The project has a driveway through the center of the lot. The lot is only 90 feet wide; therefore, to provide a 20 foot driveway and setbacks of 10 feet required a setback of 40 feet between units. On a 90 foot lot this would only allow 25 feet on each side of the driveway for the units and the side yard setback. Since this could not be accommodated, the applicant asked for a variance. Also, the appli- cant had started construction as apartments and could not redesign the project. On this request the buildings are setback only one foot from the driveway instead of 10 feet, although the garages do meet the 5 foot setback requirement. Wayne Dernetz November 14, 1979 Page 2 The other condo, CT 79-13/CP-17, Joseph, the property meets all the setback requirements for the downstairs units, having a 20 foot driveway and a 5 foot setback for garages. This provides a 30 foot separation between buildings. However, in the Joseph application the second floor units cantilevers 3 feet beyond the garage toward the dri veway. At first, staff found only a problem with the cantilever because we felt that it was crowding the development, reducing light and air, creating a tunnel effect and causing containment of auto noise. A variance was not suggested by staff since at that time we felt the second floor was not covered by the code, and the problem was a matter of design. As staff further reviewed this situation, we found that we have been administering the setback regulation wrong. The code does not permit the main portions of buildings to be closer than 10 feet from a driveway regardless of whether it's the second or third story. The City has approved some condo projects with upper floors directly over the garages with only a 5 foot setback from the driveways. Although there are reasons for the 10 foot setback, the Planning Commission noted that on small lots it's very difficult to design a condo and provide these setbacks. Many times rear yards or open areas are reduced to provide driveway setbacks. The Planning Commis- sion thought that reducing the setback a minimum of 5 feet for all buildings would be a practicle solution. This would allow upper floors over garages and yet provide safe distances between buildings for walkways and safety vehicles. The Planning Commission also requested review to provide flexibility in setbacks. It's possible to provide a percentage of the buildings to have less setback than the minimum. For example, the code could indicate that 10% of the building frontage along one side of the driveway may extend into the required setback. However, staff notes that these intrusions could reduce or remove pedestrian walkways and be a problem for safety and refuse vehicles, as well as crowd the units together. JCH/BP/nlo Att. Exhibit A dated November 12, 1979 A O Cond U 1 2 3 4 5 6 7 i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1559 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL OF A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR A SEVEN UNIT CONDOMINIUM CONVERSION ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF JEREZ COURT, NORTH OF GIBRALTER. CASE NO.: APPLICANT: CT 79-15/CP-18 Courtyard Townhomes WHEREAS, a verified application for certain property, to wit Lot 362 of La Costa South, Unit No. 5, in the County of San Diego, according to Map thereof No. 6600, filed in the Office of the County Recorder of San Diego County, March 10, 1970 has been filed with the City of Carlsbad, 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, this project has been processed through environ- mental review and a negative declaration. Log No. 581, has" been issued on this project based on the following reasons: 1) The project is consistent with the general plan land use designation, and with surrounding development. 2} The site has been previously graded and is devoid of any significant flora or fauna, or any unique or historical environmental resources. 3) Only minimal site preparation is necessary in order to develop the property as proposed. WHEREAS, the Planning Commission did, on October 24, 1979, hold a duly noticed, public hearing as prescribed by law, to consider said request; and G (1) (B) of the Carlsbad Municipal Code. 9 b) The individual water meters have not been provided as 10 11 12 a) The street system is a dominant and disruptive feature in the project (Section 21.47.120(4). 13 b) The conmon recreation area is not equally accessible 14 15 16 17 13 19 20 21 22 23 24 25 26 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors realting to the Carlsbad Tract (CT 79-15) and Condominium Permit (CP-18) and found the following facts and reasons to exist: 1. Since the variance (V-294) request was denied, the .has not been provided as required in Section 21.47.130 required in Section 21.47.120(11) (B). 2. The design criteria has not been fulfilled. to all the units (Section 21.47.120(5)). c) The pedestrian circulation has been provided along the driveway and along garage openings and cannot be . considered safe. (Section 21.47.120(6)). WHEREAS, the Planning Commisson, by the following vote, recommended denial without prejudice, of CT 79-15/CP-18 for those reasons as set forth above. ,- AYES: Schick, Rombotis, Marcus,. Jose, Larson NOES: None . : - . ABSENT: None NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoing recitations are true and correct. EDWIN S. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION 27 ATTEST: 28 JAMES C. HAGAMAN, Secretary .' " STAFF REPORT DATE: . -October 24, 1979 . ' -."•"-' TO: Planning Commission FROM: Planning Department . "''•'. RE: . . CT 79-15/CP-18 APPLICANT: Courtyard Townhomes . . • REQUEST: Tentative Map and Condominium Permit for a 'Seven Unit Condominium Conversion. I. ' BACKGROUND - . Location "and''Description of Property " ' .The subject property consists of .40 acre on the west side of Jerez Court, north of Gibraltar.' The .lot is relatively • level and abuts the La Costa Golf Course. Construction has begun on the units. ." .' 'Existing 'Zoning. . . Subject-Property: RD-M North: RD-M • ' ' South: RD-M . - " J East: RD-M West: PC, RD-M Existing Land Use . - Subject Property: Under Construction North: Vacant, condos . • South: Condos . • . East: Condos West: Golf Course, Eriyir'onmontal-Impact Information This project has been processed through environmental review and a negative declaration, Log No. 581, has been issued on this project based on the following reasons: 1) The project is consistent with the general plan land use designation, and with surrounding development. 2) The site has been previously graded and is devoid of any significant flora or'fauna, or any unique or historical environmental resources. • . 3) - Only minimal site preparation is necessary in order to develop the property as proposed. General Plan Information A. Land Use Element: The Land Use Element designates this property as RH, Residential High Density, 20-30 du/ac. The recommended density is 20 du/acre. The subject property, which contains .41 acres and has 7 units has a density of 17.5 du/acre. In staffs opinion, this density is close enough to the recommended density to be consistent. . B. . Public Facilities: The Public Facilities Element requires that adequate public facilities be available to service the project at the time of approval. Sewer: -This property will be serviced by the Leucadia County Water District. Seven sewer units have been allocated to this project. Schools: If approved, school fees would be paid to both the Encinitas and San Dieguito School Districts before the final -map is recorded. SDG&E: SDG&E will provide service and separate meters for each unit. • '"' Water: Water service will be provided by the Carlsbad Municipal Water District. Separate co'ld water meters will be provided. On-Site and Adjacent Public Improvements: All necessary public- improvements were required with the building permit. Other Public Facilities: The City Council has determined that they are not prepared to find that all other public facilities necessary to serve this project x^ill be available concurrent with need. The Planning Commission may, by inclusion of an appropriate condition, require that the project contribute to the costs of such facilities according to City Council Policy No. 17. Since the development would pay its appropriate share of the public facility it would require, the Planning Commission could be assured that the requirements of the Public Facilities Element of the General Plan would be satisfied. C. Other Elements: This project is consistent with all other elements of the General Plan. ' .2 : : . .. o History and Related Cases CT 79-3/CP-3. (Von Elten) , City Council Resolution No'. 5832, denied on July 3, 1979. . ' This proposal involved the -conversion of an 80 unit apartment 'complex, located on the east side of El Camino Real and north of El Camino Real, to condominiums. The proposed conversion was denied based on findings which included: lack of a comprehensive overall design; insufficient provision of improvements required by the condominium ordinance; and lack of adequate setbacks and parking. CT 79-7/CP-lO, Fries, Planning Commission Resolution No. 1544, City Council Resolution -No.,.-5951. This 39 unit condominium on the southwest corner of Santa Isabel and El Fuerte was approved on September 18, 1979. Questions on. this project concerned density, circulation and on street parking. Although the Planning Commission approved this project, there x^as some concern about the overall design and the provided amenities. CT 77-18(A)/CP-1, Linguiti, Planning. Commission Resolution No. 1500; City Council Resolution No. 5750. On April 17, 1979, the City Council approved a condominium permit for 3 additional units on an already approved 16 unit project. This property is just south of the courtyard development". The project is a .high-density project, ' du/acre. Since the first 16 units were approved prior to addoption of the condominium ordinance, not all of the required amenities and standards have been provided. II. ' Major' Prahnlhg Considerations 1) Does this project meet all the design standards concern- ing access to the recreation area and the dominance of the driveway? '".. 2) Will these units be suitable for ownership housing? 3) Have development standards been met? The required 10 foot setback and the required separate meters have not been provided. III. Piscussion This project is a request for approval of a 7 unit condominium project on the west side of Jerez Court. The west side of the lot abuts the golf course. This action should follow the action on V-294, which concerns the water meters and setbacks for this project. .3 If the variance is denied, this project cannot be approved since the requirements of Section 21.47 have riot been met. Development Standards The requested variance concerns two of the development standards. The ten foot setback and the individual water meters have not been provided. (For further discussion of these two sections, see V-294). Other development standards have been met. Design 'Standards Section 21.47.120 gives criteria which are to be used in evaluating the design of a condominium project. The fourth criteria (21.47.120(4)) states that the internal street system shall not be dominant nor disruptive feature in the project. The driveway in the proposed project runs the length of the lot and occupies the center portion. The front of the units, and second floor decks look out over the driveway. Although the driveway is dominant, attempts • 'have, been made to minimize the impact of .the drive on the .units. Containerized landscaping, embossed concrete and lighting have been used to reduce the .visual dominance of the driveway. • : Another-problem is presented by the location of the common recreation area and the access to this area (21.47.130(5) and (6)). The common area is located on the northwes't .' corner of the project, which is a considerable distance from Units 4 and 3. The pedestrian circulation, .which provides access to this area., is an embossed and colored concrete walkway through the driveway. This x^alkway passes in front of the garage and crosses the guest parking adjacent to the common area. The common area itself lias parking spaces on two sides, which, although they may shield the area from living units, could have a disruptive.effect on the recreation area. This project was originally intended to be a condominium development. Since the City had no condominium ordinance when the project was started, the applicant tried to meet the anticipated requirements. Even if the Planning Commission approves the variance, staff finds that the design criteria have not been met. Recommend a t ion . Staff recommends DENIAL of CT 79-15/CP-18 based on the following findings: 1) If the variance is denied, the development standards have not been met. .4 a) Tlie 10 foot setback between buildings and driveways have not been provided as required in Section 21.47.130(1)(B). b) ' The individual.water meters have not been provided as required in Section 21.47.130 (11)(B). 2) ' • The design criteria have not been fulfilled. a) The .street system is a dominant and disruptive feature in the project (Section 21.47.120(4)). b) The common Recreation area is not equally accessible to all the units (Section . .21.47.120(5)). c) - The pedestrian circulation has been provided along the driveway and along garage openings and cannot be considered safe. (Section 21.47.120(6)). Attachment • Location Map . Exhibit A dated 10/8/79 Exhibit A & C "dated September 12, 1979 KL: ar .5 KK^.jiiM«..iJJi,^m^;.^^..,,«,.-«,.>,ii. ..... ou, ui.M«i-iriTinrar.i J. CASE NO CT7q- 1 5/CP- !<^PatG Rec'd Description of Request : T UKlrpf? 4: Address or Location 01: Keques t : ^IJ_.J.J.V.m.~. , ,s<^> ,t , , , ,_ Engr. or Arch.Brief Lcgal:-\ QV ^^?. O^ LA fOPST^ f=O. tV\-\ LlNltT HO.r>. IKl Tl-lr-^m U4TV r)F-'^A.Nl. , , ^^ v ^^^-ru^^^/^p: M/-). /r.^Y), T^U.-gV^ /oM MAP.r>l \H, \c\~m." *"^ M L '\n£jy/?t ^Frj.A^-y=5rAvfoO).fn-\ LIMII, N^.T^HVI i.m-.../ f.....-.,. ..... , .. ^/^)p>p^^-T'rn_>xi.\pTf^-r^FOF M^9. frfo^-BUSO /oh) MAP.r>l \n, 1"{"/^ "• - Pacrc: ^PO Parcel: Qfo*-g.". «"•• • iAssessor Book: c—u.^ General Plan Land. Ucc Description :jQj_^_- Existing Zone ;_jRp-S/\ / Acres: "^ Proposed Zone: -_.JL__ ^— ' •*_ . -^-—r. i i ^~ ^. I^\^AI T—M•<r-»TT:^\K A • .. : 1 Coast Permit Area: