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HomeMy WebLinkAbout1979-12-18; City Council; 6101; 8 Apartment to condominium conversionCITY OF CARLSBAD INITIAL (IT; AGENDA BILL DATE: DEPARTMENT: NO. /> 1 O 1 DECEMBER 18, 1979 Planning Dept. Hd.^0 cty. Atty-K^^ Cty. MgrS-JEfe) TENTATIVE APPLICATION FOR CONDOMINIUM PERMIT FOR A CONVERSION OF 8 APARTMENT UNITS TO CONDOMINIUMS CASE NO: CT 79-19/CP-22 APPLICANT: BODJANAC STATEMENT OF THE MATTER This action was approved by the Planning Commission on November 21, 1979, with conditions. One condition was that the applicant enter into a secured agreement to secure payment of the public facility fee prior to approval of the Planning Commission Resolution by the Planning Commission. The applicant has signed the agreements, but as of the date of Planning Commission consideration of this resolution had not secured the agreement. Therefore the Planning Commission continued deliberation of the resoltution to January 9, 1980. The request was noticed for City Council public hearing prior to the Planning Commission making their decision on the resolution. This was done to reduce processing time. However, in this case it resulted in a noticed hearing that cannot: be acted upon. EXHIBITS Planning Commission Resolution No. 1572 Staff Report dated November 28, 1979 Memorandum from Planning Director dated January 10, 1980. RECOMMENDATION It is recommended that the City Council CONTINUE this item to January 15, 1980. Council Action: 12-18-79 Council continued the matter to the meeting of January 15, 1-15-80 Council directed staff to prepare the necessary documents approving CT 79-19/CP-22 per Planning Commission Resolution No. 1572. 1 PLANNING COMMISSION RESOLUTION NO. 1572 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF 3 A TENTATIVE MAP AND CONDOMINIUM PERMIT FOR THE CONVERSION OF EIGHT UNITS LOCATED ON THE NORTHEAST 4 CORNER OF GIBRALTAR AND LA COSTA AVENUE. 5 CASE NO.: CT 79-19/CP-22 APPLICANT: STEVAN BODJANAC 6 : 7 WHEREAS, a verified application for certain property, to 8 wit: 9 Lot 433 of La Costa South, Unit No. 5, in the 10 County of San Diego, According to map thereof No. 6600, as filed in the Office of the County 11 Recorder of San Diego County, March 10, 1970 12 nas been filed with the City of Carlsbad, and referred to the 13 Planning Commission; and 14 WHEREAS, said verified application constitutes a request 15 as provided by Title 21 of the Carlsbad Municipal Code; and 15 WHEREAS, this project has been processed through 17 environmental review as required-in Title 19, the Environmental IQ Protection Ordinance, and has been found to be exempt by reason 19 of Section 19.04.090(a)(8) which exempts the conversion of 20 existing rental units to condominiums. 21 WHEREAS, the Planning Commission did, on November 28, 1979, 22 hold a duly noticed, public hearing as prescribed by law, to 23 consider said request; and 24 WHEREAS, at said public hearing, upon hearing and 25 considering all testimony and arguments, if any, of all persons 25 desiring to be heard, said Commission considered all factors 27 relating to the Tentative Tract Map and Condominium Permit 28 an<3 found the following facts and reasons to exist: 1 Findings 2 1) The proposed project is consistent with the General • Plan since it is within the allowed density range and 3 is consistent with all other elements. 4 2) The site is physically suitable for the type and density of the development since the site is adequate in size 5 and shape to accommodate residential development at the proposed density and still meet all the requirements of 6 the City's condominium ordinance. 7 3) The project is consistent with all City Public Facility Policies and Ordinances since: 8 a) The applicant has sewer service from the Leucadia 9 County Water District for all 8 units. 10 b) School facilities are currently servicing this proposed conversion and school fees are not required 11 on conversions for which an application for building permit had been accepted prior to September 5, 1978. 12 The building permit for this project was issued on September 20, 1977. Therefore this conversion is 13 exempt from the school'fee requirement. 14 c) Water service is provided by the Carlsbad Municipal Water District. Separate meters have been provided. 15 d) Gas and Electric service is provided by San Diego 16 Gas and Electric. Separate meters have been provided. 17 e) Park-in-lieu fees are required as a condition of 18 approval. 19 f) All necessary public improvements have been provided or will be required as conditions of 20 approval. 21 g) At this time, all other public facilities necessary to serve the project will not be available concurrent 22 with need. The Planning Commission has, by inclusion ' of an appropriate condition, required that the 23 project contribute to the costs of such facilities. Since the development will pay its proportionate 24 share of the public facilities which it will require, the Planning Commission is satisfied that 25 the requirements of the public facilities element of the general plan have been satisfied. 26 4) The proposed project is exempt from environmental 27 review according to Section 19.04.090(a) (8),. which exempts the conversion of existing multiple family 28 rental units to condominiums. .2 1 5) The tenants shall be given adequate notice as per 2 Section 21.47.160(1) and (2) as required, by conditions of approval. 3 WHEREAS, the Planning Commission, by the following 4 vote, recommended approval of CT 79-19/CP-22, subject to 5 certain conditions: 6 Conditions 7 1) Approval is granted for CT 79-19/CP-20 as shown in 8 Planning Commission Exhibits CT 79-19/CP-20 A, A-l, B & C dated September 28, 1979, on file in the Planning 9 Department, and incorporated herein by reference. Development shall occur substantially as shown on those 10 Exhibits, except for modifications required herein. 11 2) The applicant shall submit a reproducible copy of the condominium plan prior to approval of the final map. 12 This plan shall incorporate all requirements of approval and shall be subject to approval of the Planning Director, 13 3) The applicant shall comply with all rules and regulations 14 of the respective sewer and water districts regarding service to the property. 15 '4) The applicant shall pay park-in-lieu fees prior to 16 approval of the final map. 17 - 5) The applicant shall provide extra storage for units 5 and 6 in the carport area. This storage shall not 18 extend into the parking area and shall be shown on the final condominium plan. 19 I 6) The applicant shall agree to modify the driveway area 20 to provide for the required 20 foot driveway and 10 foot setback for the second floor living units. The 21 modification shall be to the satisfaction of the Planning Director and shall be shown, on the final condominium 22 plan. If Section 21.47.130(1)(B) is amended, the original design shown on Exhibits A & A-l (9/28/79) is 23 acceptable. 24 7) All planter areas in the parking and driveway area shall have a minimum 6" concrete curb surrounding the 25 planter. 25 8) The on-site guest space is specifically not approved since it is in the sideyard. The extra space can be 27 provided on-street on Gibraltar. 28 9) All four guest spaces on Gibraltar shall be marked. • . The two end spaces shall be 20 feet long. 10) The applicant shall pay a public facility fee as established 2 in City Council Policy No. 17 prior to approval of the final map. This approval is expressly conditioned 3 upon the applicant entering into a secured agreement to secure payment of this fee prior to approval of the 4 resolution for CT 79-19/CP-22 by the Planning Commisison. 5 11) The final condominium plan shall include a note indicating that separate utilities and laundry facilities will be provided. 7 12) Prior to approval of the final map, the applicant shall provide evidence that all tenants have been given 120 0 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion. 9 13) Prior to approval of the final map, the applicant shall provide evidence that all tenants have been given notice of an exclusive right to contract for the 11 purchase of their respective units upon the same terms and conditions that such units will be offered to the 12 general public or terms more favorable to the tenant. The right shall run for a period of not less than 60 13 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business 14 and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the 15 right. 15 14) The trash container shall be enclosed by a 6 foot masonry wall and a metal framed solid gate. IV 18 AYES: Schick, Rombotis, Jose, Leeds, Marcus Friestedt, Larson 19 NOES: None 20 21 NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoing 22 recitations are true and correct. 23 24 EDWIN S. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 JAMES C. HAGAMAN, Secretary 28 CARLSBAD PLANNING COMMISSION .4 STAFF REPORT DATE: November 28, 1979 TO: Planning Commission FROM: Planning Department RE: CT 79-19/CP-22 APPLICANT: Bodj anac REQUEST: Tentative Map and Condominium Permit for the conversion of eight units. BACKGROUND Location and Description of Property The subject property is located on the northeast corner of Gibralter and La Costa Avenue. The project consists of an 8 unit apartment complex, three of which have been rented. Existing Zoning Subject Property: North: South: East: West: Existing Land Use Subject Property: North: South: East: RDM RDM, OS R-l RDM R-l Eight unit apartment complex Multiple family, vacant Single family Vacant West: Vacant Environmental Impact Information The Environmental Protection Ordinance, Title 19, exempts the conversion of existing rental units to condominiums per Section 19.04.090(a)(8). General Plan Information A. Land Use Element This property is designated as RH, Residential-High Density, 20-30 dwelling units per acre. The lower figure is the recommended density. Any increase above this rec- ommended density can occur only if certain criteria are fulfilled. The proposed conversion, 8 u.dts on .41 acres, has a density of 20 dwelling units per acre. ^'f*V B. Public Facilities •"-• Sewer: Sewer service is existing to this project through the Leucadia County Water District. 2. Water: Water service is being provided by the Carlsbad Municipal Water District. Each unit will have a separate meter. 3. Schools: This project is contained within the Encinitas Union and San Dieguito School Districts. School fees will be paid before the final map is approved. 4. Gas and Electric: These services are being provided by SDG&E. Separate meters have been provided. 5. 'On-site and Adjacent Public Facilities: All necessary onsite and adjacent public facilities would be provided as per the City's Public Improvement Ordinance or as conditions of approval. 6. Other Public Facilities: It has been determined that all other public facilities necessary to serve this project will not 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. In addition, park-in- lieu fees would be assessed at the time of building permit issuance. C. Other Elements This project is consistent with all other elements of the General Plan. History and Related Cases CT 79-15/CP-18, Courtyard Townhomes, Planning Commission Resolution No. 1559. The Planning Commission recommended denial of this project on October 24, 1979. The item will be heard at the November 20, 1979, City Council meeting. The denial was based on the fact that adequate setbacks and separate water meters had not -9- been provided. The Commission asked staff to look into these two requirements. The Courtyard project is approx- imately 1 block north of the Bodjanac project. Major Planning Considerations 1) Does this project meet all the requirements of 21.47.130? Is the parking adequate? 2) Have the design standards been met? Have private areas been created? Discussion This is a request for the conversion of an existing apartment building to an eight unit condominium project. The units are very new and only three of them are occupied at this time. Five of the units are 2 story; 3 are one story. The units are reached by a walkway from the front or by the stairway from the carport area. Development Standards This project, either currently or through the use of conditions, meets all requirements of Section 21.47.130. The units, which are on the second floor above the carports, have been setback the required 10 feet. The minimum driveway width is 20 feet, which therefore requires a minimum of 30 feet from the buildings to the property line. The area on the north side of the driveway is shown as a landscaped planter. However, this area must be paved to provide the 10 foot setback plus 20 foot driveway. Sixteen tenant spaces, all in carports, have been provided on-site. These spaces are located beneath the units. The four required guest spaces will be provided on-street from in front of the units on Gibralter. These spaces will be marked. Exhibit A shows only three on -street. However, the one on-site space is in the sideyard and is not permitted. Therefore, all four guest spaces shall be provided on-street. Individual storage areas have been provided in the carport area. Except for the storage for units 5 and 6, the others contain adequate space. Extra storage cabinets will be built in the carport to provide for the required 480 cubic feet. The common recreation area, including a pool, contains 1620 square feet. The 8 units require 200 square feet each, a total of 1600 square feet. Laundry facilities are located in each unit and individual utility meters have been provided. The refuse area meets the requirements. The existing baild-ia^s. are 33 feet high to the top of the gabled roof. > ' **<», De_sign Criteria ; • Ir " &}— r * t ' This project complies with the design criteria of 21.47.110. The plan is comprehensive and conforms to the General Plan. — 3 — The parking area and driveway are on a lower level, below the units. Access to the units is by a stairway leading up to a walkway and the common area. All of the units have balconies, which at this time have a view of surrounding developments. The project is located on La Costa Avenue, but is above the level of the street. The driveway area is not a dominant feature and there is no direct access onto La Costa Avenue. The common area is located in the center of the project and is readily accessible to all units. The walkway from Gibraltar leads up to the units and is pleasantly landscaped. Pedestrian circulation is safe and well lighted and provides access from the parking area, street, and common area to each of the units. Each unit has a separate entrance. General Plan The density of this project is at the density recommended by the general plan, 20 du/acre. However, there are no slope or soil stability problems and adequate on-site amenities have been provided. Access to the property by way of La Costa Avenue, which is a secondary arterial a handling the traffic from this project.1 > . V* Recommendation _, _,„.. , \kiF Vi:'> | 5 Staff recommends APPROVAL of CT 79-19/CP-22 based on the following findings and subject to the following conditions: Findings 1) The proposed project is consistent with the General Plan since it is within the allowed density range and is consistent with all other elements. 2) The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the proposed density and still meet all the requirements of the City's condominium ordinance. 3) The project is consistent with all City Public Facility Policies and Ordinances since: a) The applicant has sewer service from the Leucadia County Water District for all 8 units. b) School fees to mitigate conditions of overcrowding are required at the time of building permits pursuant to Chapter 21.55 of the Carlsbad Municipal Code. c) Water service is provided by the Carlsbad Municipal Water District. Separate meters have been provided. d) Gas and Electric service is provided by San Diego Gas and Electric. Separate meters have, been provided. e) Park-rHf^lieu fees are required as***a condition of approval. f) All necessary public improvements have been provided or will be required as conditions of approval. g) At this time, all other public facilities necessary to serve the project will not be available concurrent with need. The Planning Commission has, by inclusion of an appropriate condition, required that the project contribute to the costs of such facilities. Since the development will pay its proportionate share of the public facilities which it will require, the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been satisfied. 4) The proposed project is exempt from environmental review according to Section 19.04.090(a)(8), which exempts the conversion of existing multiple family rental units to condominiums. Conditions 1) Approval is granted for CT 79-19/CP-20 as shown in Exhibits A, A-l, B & C, dated September 28, 1979, on file in the Planning Department. 2) The applicant shall submit a reproducible copy of the condominium plan prior to approval of the final map» This plan shall incorporate all requirements of approval and shall be subject to approval of the Planning Director. 3) The applicant shall comply with all rules and regulations of the respective sewer and water districts regarding service to the property. 4) The applicant will pay school fees to mitigate conditions of overcrowding prior to approval of the final map. The fees will be based on the schedule in effect at that time. 5) The applicant shall pay park-in-lieu fees prior to approval of the final map. 6) The applicant shall provide extra storage for units 5 and 6 in the carport area. This storage shall not extend into the parking area and shall be shown on the final condominium plan. 7) The applicant shall agree to modify the driveway area to provide for the required 20 foot driveway and 10 foot setback for the second floor living units. The modification shall be to the satisfaction of the Planning Director and shall be shown on the final condominium plan. If Section 21,47.130(1) (B) is amended, the original design shov/n on Exhibits A & A-l (9/23/79) is acceptable. -5- 8) All planter areas in the parking and driveway area shall have a minimum 6" concrete curb surrounding the planter. 9) The on-site guest space is specifically not approved since it is in the sideyard. The extra space can be provided on street on Gibralter. 10) All four guest spaces on Gibraltar shall be marked. The two end spaces shall be 20 feet long. 11) The applicant shall pay a public facility fee as established in City Council Policy No. 17 prior to approval of the final map. This approval is expressly conditioned upon the applicant entering into a secured agreement to secure payment of this fee prior to approval of the resolution for CT 79-19/CP-22 by the Planning Commission. 12) The final condominium plan shall include a note indicating that separate utilities and laundry facilities will be provided. Exhibits Exhibits A, A-l, B & C, dated September 28, 1979 Location Map KL:ar 11/21/79 -6-