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HomeMy WebLinkAbout1980-01-02; City Council; 6073-1; Apartment to Condominium ConversionAGENDA BILL NO. _ DATE: January 2, 1980 CITY OF CARLSBAD 6073, SUPPLEMENT NO. 1 DEPARTMENT: Planning INITIAL _Dept. Hd. _Cty. Atty. _Cty. Mgr. SUBJECT: CONVERSION OF 7 APARTMENT UNITS INTO CONDOMINIUMS CASE NO: CT 79-15/CP-18 APPLICANT: LAPORTE STATEMENT OF THE MATTER~~ On November 20, 1979, the City Council approved a Variance to allow reduction of dwelling setback from a driveway and approved the subject seven unit condominium. Both the Planning Commission and Planning Staff had recommended denial of the Commission and tract map and therefore there were no findings or conditions forwarded to the City Council. The City Council therefore directed the Planning Commission to prepare such findings and conditions. This was done by the Planning Commission on December 12, 1979, and are attached for your action. EXHIBITS Staff Report dated December 12, 1979 (Revised 12/2&/79) Staff Report dated October 24, 1979 RECOMMENDATION The Planning Commission and Planning Staff recommend that the City Council direct the City Attorney to prepare documents APPROVING CT 79-lS7CP-l#, as per attached Planning Commission findings as conditions as requested by the City Council. Council Action: 1-2-80 Council directed the City Attorney to prepare documents approving CT 79-15/CP-18 as per the attached Planning Commission findings. STAFF REPORT DATE: December 12, 1979 (Revised 12/26/79) TO: Planning Commission FROM: Planning Department RE: CT 79-15/CP-18, Courtyard Townhomes FINDINGS AND CONDITIONS OF APPROVAL Background On November 20, 1979, the City Council held a public hearing on CT 79-15/CP-18. The Council has returned the item to the Commission for approval of findings and conditions. The variance for the setbacks, which was denied by the Commission, was approved on appeal by the Council. Findings 1. . The proposed project is consistent with the Land Use Element of the General Plan because it is within the density range allowed by the General.Plan. The criteria which must be met to allow the increase in density from 10 du/ac to 18 du/ac have been fulfilled. 2. The proposed project is consistent with all applicable public facilities policies and ordinances and with the Public Facility Element because: A. Seven sewer permits have been obtained from the Leucadia County Water District. B. Water service will be provided through separate cold water meters and a common hot water meter as approved in V-294 by the Carlsbad Municipal Water District. C. Gas and Electric service will be provided by SDG&E through separate meters. D. Park-in-lieu fees are required as a condition of approval. E. All ne'cessary on-site and adjacent public improve- ments have been provided or will be required as conditions of approval. F. At this time, all other public facilities necessary to serve this project will not be available con- current with need. The Planning Commission has, by inclusion of an appropriate condition> required that the project contribute to the cost of such facilities. Since the development will pay for 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. 3. This project is consistent with all other elements of the General Plan. 4. The proposed conversion has been processed through environmental review and a negative declaration, Log No. 581, has been issued for the following reasons: A. The project is consistent with the General Plan land use designation, and with surrounding develop- ment . B. The site has been previously graded and is devoid of any significant flora or fauna, or any unique or historical environmental resources. C. Only minimal site protection is necessary in order to develop the property as proprosed. 5. This project is consistent with all requirements of Title 21 because: A. A variance has been approved, V-294, allowing a common hot water meter and reducing the required setbacks from 10'feet to 1 foot. B. All other development standards have been met. C. The design criteria have been satisfied. 6. The site is physically suitable for the type and density of development because: A. Subterranean parking has been provided allowing more living and open space. B. The lot is relatively level and little is devoted to unusable slopes. Conditions 1. Approval is granted for CT 79-15/CP-18 as -shown on Exhibit A (10/8/79) B and C (9/12/79) on file in the Planning Department. Development shall be substantially as shown unless otherwise noted herein. .2 2) The applicant shall submit a reproducible copy of the condominium plan prior to approval of the final map. The reproducible shall include a note indicating that laundry facilities and utility meters with the exception of the hot water meter will be provided individually. This plan shall incorporate all require- ments 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 sewer to the property. 4) The applicant shall pay park-in-lieu fees prior to approval of the final map. 5) This subdivision is approved upon the express condition that the final map shall not be approved unless the City Council finds at the time of such approval that sewer service is available to serve the subdivision. 6) 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. 7) Prior to the final map approval, the applicant shall pay a public facility fee as established in City Council Policy No. 17 as agreed by the applicant. 8) The applicant shall provide a minimum of eight square feet per unit of containerized planters along the driveway and shall provide embossed concrete and lighting as shown on Exhibit "A" dated 10/8/79. Attachments Staff Report dated 10/24/79 .3 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 Zoriirxg. Subject Property: RD-M North: RD-M South: RD-M East: RD-M West: PC, RD-M Existing Land Use Subject Property: Under Construction North: Vacant, condos South: Condos East: Condos West: Golf Course, Environmental 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 cold 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 will 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 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 was 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 Planning 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. Discussion 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 not 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 landscapingjembossed 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 northwest 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 walkway passes in front of the garage and crosses the guest parking adjacent to the common area. The common area itself has 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. Recommendat 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) The 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 L rn or 7q-ia/cp-ie/v- CASE NO CT 73- 1 5/CP-Rec'd Description of Request = T DCC Date; \n}\ti>]f\?C Date g. £?UBT7lV/lfbinsi Address or Location of Request;\Fr?3iE:-Z.^4/OFi:^T4 Applicant: Engr. or Arch. Brief Legal; ]_/JT T73 LTO. ^OL(TV4 LiMlT SlO.f:), IKJ Assessor Book: General Plan Land. Use Description: Existing Zone; . AO Page:Parcel:_____ • V4lAVA Proposed Zone: Acres:_ School District: Water District: Coast Permit Area: No. of Lots: 1 DU's -7 nkbnsl Sanitation District t JbJO. _DU/Acrej;