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HomeMy WebLinkAbout1979-12-18; City Council; 6102; Apartment to Condominium Conversion/9 CITY OF CARLSBAD INITIAL rn . „ ti AGENDA BILL NO. 6? / O £ Dept. Hd. QT -^^ DATE: December 18, 1979 Cty. Atty. DEPARTMENT: Planning _Cty. Mgr. SUBJECT:CONVERSION OF A TEN UNIT APARTMENT TO A CONDOMINIUM CT 79-21/CP-24 APPLICANT; PACIFIC ENGINEERING STATEMENT OF THE MATTER The proposed conversion is a ten unit development under construction on property fronting on Alga Road and Unicornio Street. Nobody re- sides at the property at this time. The General Plan in this area designates 10 units to the acre with up to 20 units with proper amenities. These 10 units on the 50,000 square foot lot provide a density of 8.7 dwelling units to the acre, which is consistent with, the General Plan. The Planning Staff and Planning Commission found that this develop- ment met all design and development standards of the condominium regulations. EXHIBITS Planning Commission Resolution No. 1573 Staff Report dated November 28, 1979 Exhibits A (1) and A (2) dated November 21, 1979 Exhibits B (1), B (2) and C dated October 2, 1979 Location Map RECOMMENDATION The Planning Commission and Planning Staff recommend that the City Council direct the City Attorney to prepare documents approving CT 79-21 and CP-24 as per Planning Commission Resolution No.1573 Council Action: 12-18-79 Council directed the City Attorney to prepare documents approving CT 79-31 and CP-21 as per Planning Commission Resolution 1573, subject to relocation of trash enclosure area and signing traffic lanes as fire lanes. BP/nlo 12/4/79 1 PLANNING COMMISSION RESOLUTION NO. 1573 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 3 TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR A TEN UNIT CONDOMINIUM CONVERSION BETWEEN ALGA AND UNICORNIO, 4 LA COSTA. 5 CASE NO.: CT 79-21/CP-24 APPLICANT: PACIFIC ENGINEERING 6 ' 7 WHEREAS, a verified application for certain property, 8 to wit: Lot 421 and 422 of La Costa Meadows, Unit No. 3, in the City of Carlsbad, according to Map thereof No. 7076, as filed in the Office of the County Recorder for San Diego County, California, October 6, 1971 12 has been filed with the City of Carlsbad, and referred to 13 the Planning Commission; and 14 WHEREAS, said verified application constitutes a request 15 as provided by Title 21 of the Carlsbad Municipal Code; and 16 WHEREAS, this project has been processed through environ- mental review as required in Title 19, the Environmental ' Protection Ordinance, and has been found to be categorically 19 exempt as per Section 19.04.090(a)(8) which exempts the 20 division of existing multiple-family rental units from the 21 environmental impact assessment process; and 22 WHEREAS, the Planning Commission did, on November 28, 23 1979, hold a duly noticed, public hearing as prescribed by 24 law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and 25 considering all testimony and arguments, if any, of all 27 persons desiring to be heard, said Commission considered all 28 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 factors relating to the Tentative Tract Map and Condominium Permit (CT 79-21/CP-24) and found the following facts and reasons to exist: Findings 1) The project is consistent with the City's current General Plan since: a) The project does not exceed the suggested maximum density designated for this site by the City's land use plan and, at the same time, is of a sufficient density to justify development on this site as proposed. b) 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 S.hare of the public-facilities which it will require, the City Council is satisfied that the requirements of the public facilities element of the general plan have been satisfied. c) All other elements of the General Plan either do not apply to the project or have been satis- factorily met. 2) The project is consistent with all City public facility policies and ordinances since: a) The applicant is on the Leucadia County Water District's sewer allocation list, and sufficient sewer hookups have been reserved for the project. b) The Planning Commission finds that sewer service is not available for this development as of the date of this approval. However, sewer service may be available in the future. The Planning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the-project. In addition, the Planning Commission has added a condition that a note shall be placed on.the final map that building permits may not be issued for the condominium project unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available, .2 1 and building cannot occur within the project unless sewer service remains available, the 2 Planning Commission is satisfied that the requirements of the public facilities element of the General 3 Plan have been met insofar as they apply to sewer service for this condominium permit and tentative 4 map approval. 5 c) School fees to mitigate conditions of overcrowding are required at the time -of building permits 6 pursuant to Chapter 21.55 of the Carlsbad Municipal Code. 7 d) Water service will be provided by the San Marcos 8 Municipal Water District, and the applicant is re- quired to comply with their rules and regulations. 9 e) Gas and electric service will be provided by San 10 Deigo Gas and Electric. 11 f) Park-in-lieu fees are required as a condition of approval. 12 g) All necessary public improvements have been either 13 provided or will be'required as conditions of approval. 14 3) The site is physically suitable for the type and density 15 of the development since the site is adequate in size •and shape to accommodate residential development at the 16 proposed density and still meet all the requirements of the City's condominium ordinance. 17 4) The design of the project and all required improvements 18 will not cause any significant environmental impacts since the project has been found to be categorically 19 exempt from the Carlsbad Environmental Protection Ordinance as per Section 19.04.090(a)(8). 20 5) The proposed condominium project meets the criteria of 21 Chapter 21.47 (Condominiums) since: 22 a) The condominiums meet the design criteria of Chapter 21.47.110 since the overall plan is com- 23 prehensive embracing land, building, landscaping and their relationships, the driveways are not 24 dominant features, and sufficient circulation and on-site amenities are provided. 25 26 b) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate 27 Utilities and requirements of Section 21.47.130 have been met or will be made conditions of approval. 28 .3 WHEREAS, the Planning Commission, by the following vote, recommended approval of CT 79-21/CP-24 subject to certain certain conditions: 4 Conditions 5 1) This approval is granted for that portion of land des- cribed in the application CT 79-21/CP-24, and development shall occur substantially as shown on Planning Commission Exhibit CT 79-21/CP-24 A-l and A-2, dated November 21, 7 1979, and Planning Commission Exhibits CT 79-21/CP-24 B-l, B-2 and C dated October 2, 1979, (on file in the 3 Planning Department), and incorporated herein by reference, except for modifications required herein. 9 2) The applicant shall comply with all rules and regulations of the respective sewer and water districts regarding water and sewer service to the subject property. 11 3) The applicant shall prepare a reproducible copy of the 12 final condominium site plan incorporating all require- ments of the condominium permit approval, and shall be 13 subject to the approval of the Planning Director, prior to final map approval. 14 4) The applicant will provide school fees to mitigate 15 conditions of overcrowding as part of building permit applications. These fees shall be based on the fee 16 schedule in effect at the time of building permit application. 17 5) This subdivision and condominium plan is approved upon the exress condition that the final map shall not be approved unless the City Council finds as of the time 19 of such approval that sewer service is available to serve the application. 20 6) This subdivision condominium plan is approved upon the 21 express condition that building or grading permits will not be issued for development of the subject property 22 unless the City Engineer determines that such sewer facilities are available at the time of application for 23 such permits and will continue to be available until time of occupancy. If the City Engineer determines 24 that sewer facilities are not available, building permits will not be issued. 25 7) Street trees of a variety approved by the Parks and 25 Recreation Department shall be installed to City specifications at 40 foot intervals along all public 27 street frontages. 28 // // -4 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 8) Prior to the final map approval, the applicant shall pay a public facility fee as established in City Council Policy No. 17. This approval is expressly conditioned that the applicant shall enter into a secured agreement with the City for the payment of this fee prior to the approval of the resolution for this project by the Planning Commission. 9) The applicant shall pay park-in-lieu fees prior to the recordation of the final map. 10) The applicant shall submit a detailed landscape and irrigation plan subject to the approval of the Planning Director. Said plan shall indicate the utilization of drought tolerant plant species. 11) The applicant shall agree to modify the garage/storage design subject to the approval of the Planning Director prior to final map approval. 12) Separate water, gas and electric meters shall be provided for each unit and a note to this effect shall be placed on the final condominium site plan. AYES: Schick, Rombotis, "Jo'se, Leeds, Marcus, Friestedt, Larson . NOES: None NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoing recitations are true and correct. EDWIN S. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION ATTEST: JAMES C. HAGAMAN, Secretary CARLSBAD 'PLANNING COMMISSION STAFF REPORT DATE: November 28, 1979 TO: Planning Commission FROM: Planning Department SUBJECT: CT 79-21/CP-24, 10 unit condominium conversion between Alga and Unicornio, La Costa. APPLICANT: Pacific Engineering (Agent) I. Background Location and description of property The proposed project involves construction of 10 two story condominium units, on two adjacent parcels totaling 50,095 square feet. Both parcels are through lots, fronting on Alga Road and Unicornio Street. The site is relatively level, having been previously graded, and the building foundations have been poured. No additional grading is proposed. Existing Zoning•• • ' \ Subject property: RD-M North: RD-M South: RD-M East: RD-M West: RD-M • Existing Land Use Subject property: Foundations have been poured North: Vacant South: Condominium East: Vacant West: Vacant General Plan Information A. Land Use The Land Use Element of the City's current General Plan designates the subject property for medium-high density (10- 20 du/ac) residential development. The project, as proposed, would result in a density of 8.7 du/ac, which is somewhat below the suggested density of 10 du/ac. B. Public' Facilities Sewer Service; The property is served by the Leucadia County Water District and the applicant has been granted a total of ten sewer hookups for the property. Schools: The project is located within the San Marcos Unified School District. Since this district is currently experiencing conditions of overcrowding, school fees would be assessed at the time of building permit application. Gas and electric service: Gas and electric service will be provided by SDG&E.The condominium regulations require that gas and electrical service be separately metered. Water Service; Water service to the proposed development will be provided by the San Marcos Municipal Water District. Separate water meters for each unit must be provided. On-site and adjacent public improvements; All necessary on- site and adjacent public improvements can be required as per the City's Public Improvement Ordinance or as conditions of approval. Other public facilities; 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 for its appropriate share of the public facilities 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 of the General Plan; The project is consistent with all other elements of the City's current General Plan. 'Environmenta^l impact Assessment The project is categorically exempt from the Carlsbad Environmental Protection Ordinance. Specifically, Section 19.04.090(a) (8) exempts the division of existing multiple-family rental units from the environmental impact assessment process. History and Related Cases CT 79-3/CP-3, (Von Elten), City Council Resolution No. 5832, denied July 3, 1979. This proposal involved the conversion of an 80 unit apartment complex, located on the east side of El -Camino Real and —2— north of Alga Road, to condominiums. The proposed conversion was denied based on findings which included: lack of a com- prehensive overall design; insufficient provision of improve- ments required by the condominium regulations; and lack of adequate setbacks and parking. CP-6, (McMahon/O'Grady), City Council Agenda Bill No. 5905, approved on July 3, 1979. This proposal was for the construction of 23 detached condo- minium units, located between Almaden Lane, Zamora Way and Alicante Road, La Costa. The project was conditionally approved finding that the project met all of the requirements of the condominium regulations and would not result in any significant impacts to the environment or surrounding area. Conditions of approval included: grading and drainage modi- fications; provision of automatic garage door openers; fencing restrictions; public improvement requirements; refuse collection; landscaping requirements; and a public facilities fee. CT 79-7/CP-lO, (Fries), approved by the City Council on .September 18, 1979. The City Council conditionally approved, this 39 unit condo- minium development, finding that it met-all of the requirements of the City's condominium regulations. Conditions of approval included: landscaping requirements; public improvements; fencing restrictions; grading and hydro-seeding requirements and payment of a public facilities fee. II. Major Planning Considerations 1. Does the proposed circulation and parking arrangement adequately serve the project? 2. Have adequate provisions been made for visitor parking? 3. Do the garages provide sufficient room for both parking and storage? 4. Have adequate setbacks off of the private driveway been . provided? Discussion The proposed project involves an application for 10 two- story condominium units on a 50,095 square feet. Parcel 2 in La Costa. The application has a building permit for 10 apartment units on this site, and foundations for the units have been poured. Thus the project is a condominium con- version. Each will have three bedrooms and a maximum height of approximately 21 feet. With 10 units, the project falls very close to the suggested maximum density for this area. -3- jr '«» V,, x With regard to the design of the project, the City's condominium regulations (Section 21.47.110) discuss certain design criteria which must be met by all condominium projects. Specifically, this section states that the overall plan .shall be comprehensive, embracing land, buildings, land- scaping and their interrelationships. Staff believes that this criteria has been met since the landscaped recreation area is centrally located to all units, and served by sufficient pedestrian accessways. Another deisng criteria stipulates that the plan shall provide for adequate circulation, off-street parking, open recreational areas and other on-site amenities. In addition, the driveway must not be a dominent feature of development. In this particular case the driveways serving the development are located along the borders of the property. Thus, the driveways do not bisect the site, leaving the central portion available for recreation and landscaping. This recreation and landscaping has been generously applied and sufficiently improved to constitute adequate on-site amenities. Section 21.47.130 quantifies the design criteria and delineates certain developmental standards. With regard to parking, the regulations require that the project provide two spaces per unit, in addition to five visitor spaces. The applicant meets this requirement, providing all tenant parking on- site. The required visitor spaces would be provided on Unicornio Street, immediately in front of the project site. tWith regard to recreation area, sub-section 21.47.130(8) states that a minimum of 200 square feet of open recreation area must be provided per unit. By considering both the common recreation area and the individual patios attached to each unit, the project more than meets this recreation area requirement. .Another development standard stipulates that 480 cubic feet of storage space be provided per unit. The applicant has met this requirement by providing all of the storage within the garage. However, this makes vehicular parking difficult due to a reduced garage width. Therefore, staff has conditioned the project and required that some of this storage be provided outside of the garage. The plans indicate that each unit will have a washer and dryer. Also, a condition of approval specifies that each unit shall have separate utility meters. Two refuse containers will be conveniently located on the site, one off of each driveway. The Fire Department has reviewed the plans and has found that the project provides sufficient emergency access and maneuverability for their vehicles. .4. With regard to the setbacks off of the private driveways, staff has carefully reviewed the project. As curently proposed, the second floor of each unit is setback only 5 feet off of the private driveways. Presently, Section 21.47.130(1)(B) stipulates that building setbacks off of the private driveways must be setback 10 feet, while only the garages may be setback as close as 5 feet to the driveways. However, the City Council has interpreted that this Section of the code applies only to the first floor. Therefore,' the project is consistent with Section 21.47.130(1)B. Staff believes that as conditioned, the project would not constitute a disruptive feature in the neighborhood, and set a positive precedent for future projects in this area. IV. Recommendation It is recommended that the Planning Commission forward a recommendation of APPROVAL of CT 79-21/CP-24 to the City Council based on the following findings and subject to the following conditions: Findings 1) The project is consistent with the City's current General Plan since: • • a) The project does not exceed the suggested maximum density designated for this site by the City's land use plan and, at the same time, is of a sufficient density to justify development on this site as proposed. b) At this time, the Planning Commission is not prepared to find that all other public facilities necessary to serve the project will be available concurrent with need. The Planning Commission has, by inclusion of an appropriate condition, required that the project 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 City Council is satisfied that the requirements of the public facilities element of the general plan have been satisfied. c) All other elements of the General Plan either do not apply to the project or have been satis- factorily met. 2) The project is consistent with all City public facility policies and ordinances since: a) The applicant is on the Leucadia County Water District's sewer allocation list, and sufficient sewer hookups have been reserved for the project. -5- «*"•'•»>, b) The Planning Commission finds that sewer service is not available for this development as of the date of this approval. However, sewer service may be available in the future. The Planning Commission has, by inclusion of an appropriate condition to this condominium permit and tentative subdivision map, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the condominium project unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this condominium permit and tentative map approval . c) 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. d) Water service will be provided by the San Marcos Municipal Water District, and the applicant is re- quired to comply with their rules and regulations. e) Gas and electric service will be provided by San Diego Gas and Electric. f) Park-in-lieu fees are required as a condition of approval . g) All necessary public improvements have been either provided or will be required as conditions of approval . 3) 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. 4) The design of the project and all required improvements will not cause any significant environmental impacts since the project has been found to be categorically exempt from the Carlsbad Environmental Protection Ordinance as per Section 19 . 04 . 090 (a) (8) . -6- 5) The proposed condominium project meets the criteria of Chapter 21.47 (Condominiums) since: a) The condominiums meet the design criteria of Chapter 21.47.110 since the overall plan is comprehensive embracing land, building, landscaping and their relationships, the driveways are not dominant features, and sufficient circulation and on-site amenities are provided. b) Storage space, laundry facilities, open recreation areas, parking facilities, refuse areas, separate utilities and requirements of Section 21.47.130 have been met or will be made conditions of approval. Conditions 1) This approval is granted for that portion of land des- cribed in the application CT 79-21/CP-24, and development shall occur substantially as shown on Exhibit A-l & A-2, dated November 21, 1979, and Exhibits B-l, B-2 and C dated October 2, 1979, (on file in the Planning Department), except for modifications required herein. 2) The applicant shall comply with all rules and regulations of the respective sewer and water districts regarding water and sewer service to the subject property. 3) The applicant shall prepare a reproducible copy of the final, condominium site plan incorporating all require- ments of the condominium permit approval, and shall be subject to the approval of the Planning Director, prior to final map approval. " 4) The applicant will provide school fees to mitigate conditions of overcrowding as part of building permit applications. These fees shall be based on the fee schedule in effect at the time of building permit application. 5) This subdivision and condominium plan is approved upon the exress condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the application. 6) This subdivision condominium plan is approved upon the express condition that building or grading permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. -6- 7) Street trees of a variety approved by the Parks and Recreation Department shall be installed to City specifications at 40 foot intervals along all public street frontages. 8) Prior to the final map approval, the applicant shall pay a public facility fee as established in City Council Policy No. 17. This approval is expressly conditioned that the applicant shall enter into a secured agreement with the City for the payment of this fee prior to the approval of the resolution for this project by the Planning Commission. 9) The applicant shall pay park-in-lieu fees prior to the recordation of the final map. 10) The applicant shall submit a detailed landscape and irrigation plan subject to the approval of the Planning Director prior to final map approval. Said plan shall indicate the utilization of drought tolerant plant species. 11) The applicant shall agree to modify the garage/storage design by removing all of the storage proposed along one side of the garage, and providing an equivalent amount of storage to that which is removed attached to the rear of each unit. 12) Separate water, gas and electric meters shall be provided for each unit and a note to this effect shall be placed on the final condominium site plan. Attachments Exhibit A-l & A-2 dated November 21, 1979 Exhibits B-l, B-2 and C dated October 2, 1979 Location Map Disclosure Form BM: ar 11/21/79 — 7 — If ..Tier the in|**"'<¥*Ntinn you have suonitted has been/ Jewed, it is determined that further in^Bt,,,*dl.ion is required, you will be APPLICANT : OROVILLE LA COSTA, NO. 1 A LIMITED PARTNERSHIP _ Name (indi viduul , partnership, joint venture, cor|or<«tion, syndication) 520 RUPFIN SUITE 101 SAN DIEGO, CA. 92123 Business Address (711) 292-5374 AGENT: MKMDKRS: Telephone Number PACIFIC ENGINEERING Name 9225 CHESAPEAKE DR.SUITE G SAN DIEGO, CA. 92123 Business Address 565-0100 Telephone Number RANDAL S. LUCE SPRING ST. LA MESA, CA. 920ll Name {individual, partner, joint venture, corporation, syndication) Home Address 520 RUFPIN SUITE 101 SAN DIEGO, CA. 92123 Business Address (714) 292-5374"697-3373 Telephone Number LUDWIG SHUSTERICH Telephone Number Name 3475 OLD CONE JO RD.NEWBURY PARK, 'CA. Home Address 92120 Business Address (805) 498-0*455 (805) 498-1315 Telcpliune Number GERALD GOTTLIEB Telephone Number 2564 RANCHO LA COSTA, CA. 92008 Name 2561 RANCHO LA COSTA, CA.. 92008 .Home Address Business Address (711) 436-9921 (714) 436-9921 Telephone Number IRAJ KHADEM Telephone Number 12680 GIBRALTAR DR. S.D..CA. 92198 Name (individual, partner, joint Home Address venture, corporation, syndication) 12680 GILRALTAR DR. SAN DIEGO, CA. 92198 Business Address (711) 485-7067 (714) 485-7067 Telephone MANOUCHEHR KADKHODA Telephone Number 10926 ANTILO WAY S.D.,CA. 92127 Name Home Address 10926 ANTILO WAY SAN DIEGO, CA. 92127 Business Address (714) 746-1896 (714) 746-1896 Telephone Number Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BY ?L^ Applicant PACIFIC'. ENGINEERING (AGENT) Agent, Owner, Partner cr COPY CASE MO.rT73-7L\ ICP-34Date Rec'd j/D/g/7q DCC Date; \\fsDh& PC Date \| Description of Safest ;;j^KrT?i-Tn VS. A^'oPA^J^- f^UPJPlN/lfbl^M. MAP PHOTOS './> LiMlT*? n Address or Location of Requent: TVrS. NiOPnX ^DgL (OF AL/^A 'RD Applicant; PX^-S—\^.gihVq 1 Si^ = P-.'iv4.4r ^>OR /OPvOX/iLLE. LA. (^VO^lA ^A Engr. or Arch. Brief Legal; LZJT^g.\ & A?^ O~ LA ^n^TA MFAOOVJ^ Uh4lT~ M^.^^ 1N\ TME^lTV OF, Assessor Book; g|^> Page: ?V/,/0 Parcel:_ General Plan Lani Use Description^ Existing Zone: PiQ-M Proposed Zone; ._. . . Acres; l.lfb Ko. of Lots: £L DU's |Q DU/AcrefflJ School District; ^/^ MAPv^9g? UNllFlg-O, Water District; ^r^^^j MAJrV^^g? y^WO • Sanitation District: LEJJi^lAPLA Coast Permit Area: