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.
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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
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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
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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.
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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
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