HomeMy WebLinkAbout1980-02-19; City Council; 6166; Coversion of 40 Apartments to Condominiums**' CITY OF CARLSBAD
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INITIAL fl/j
AGENDA BILL NO. /„ /& & Dept. Hd. tff
DATE:FEBRUARY 19. 1980 __ Cty> Atty> yjfjg)
DEPARTMENT: PLANNING __ Cty. Mgr.
SUBJECT: TENTATIVE MAP CONDOMINIUM PERMIT FOR THE CONVERSION OF 40 EXISTING
APARTMENTS INTO CONDOMINIUMS.
CASE NO: CT 79-24/CP-33 APPLICANT: COOK
STATEMENT OF THE MATTER '
The subject property is located on the northwest corner of Tamarack and Jefferson
Street. The project is an existing 40 unit apartment complex.
The project with proposed changes meets all development standards of the
condominium regulations. Staff felt that the project also met the basic design
criteria and therefore staff had recommended approval of this condominium
conversion.
Planning Commission, however, felt that the underground storage as proposed
by the applicant was not usable to the tenants and felt the project would
not make a good condominium. The applicant asked for a continuance so that
they could redesign the storage area for above ground access. The applicant
resubmitted a plan that had storage above ground in a two story structure*
in the parking lot. However, both the planning staff and Planning Commission
felt that this above ground storage building was inappropriate since it
blocked light and air from existing units and was difficult to use since it
was two stories with long narrow storage areas.
The Planning Commission was unsatisfied with both plans submitted by
the applicant and have recommended that this application be denied.
EXHIBITS
PC Resolution No. 1589
Staff Report dated 12/12/79
Staff Report dated 1/9/80
Memorandum to City Manager dated 1/29/80
Exhibit "A" dated 11/27/79,
Exhibits "B", "C" dated 10/10/79 and Exhibit "D" dated 1/2/80
RECOMMENDATION
The Planning Commission and staff recommends that CT 79-24/CP-33 be denied,
and that the City Council direct City Attorney to prepare documents as per
Planning Commission Resolution No. 1589.
Council Action:
2-19-80 Council continued the hearing to the meeting of 3/4/80.
3-4-80 Council directed the City Attorney to prepare documents denying the application
without prejudice due to the condominium conversion moratorium.
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PLANNING _CC.Vg-iISSION RESOLUTION NO. 1589
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DENIAL OF CT 79-24/CP-33 FOR THE CONVERSION
OF 40 EXISTING APARTMENTS INTO CONDOMINIUMS
LOCATED ON THE NORTHWEST CORNER OF TA1-'
AND JEFFERSON STREETS.
APPLICANT:
CASE NO:
E.F. COOK
CT 79-24/CP-33
BEST
COPY
WHEREAS, a verified application 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, pursuant to the provisions of the Municipal Code,
the Planning Commission on the 9th day of January, 1980, considered
said application on property described as:
Portions of tract 23.1 of the Thum Lands, in the City
of Carlsbad, in the County of San Diego, State of
California, according to Map thereof No. 1681, filed
in the Office of the County Recorder of San Diego
County, December 9, 1915.
WHEREAS, the City of Carlsbad, acting as Lead Agency, has
processed said property through environmental guidelines pursuant
to Title 19 of the Carlsbad Municipal Code and the State EIR
Guidelines. This project has been found to be exempt from
environmental review according to Section 19.04.090(a) (8), which
exempts the division of existing multiple family rental units
into condominiums.
WHEREAS, at said Planning Commission hearing a staff report
was submitted and reviewed. At the conclusion of said hearing,
after consideration of all evidence presented, the Planning
Commission, by the following vote, recommended denial of CT 79~24/
CP-33, for the following reason:
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1. . Convenient and accessible storage is not provided for each
proposed condominium unit.
MOW, THEREFORE, BE IT RESOLVED that the foregoing recitations
are true and correct.
AYES: Rombotis, Marcus, Leeds, Larson, Schick.
ABSENT: Friestedt, Jose.
ABSTAIN: None.
EDWIN S. SCHICK, JR., Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
PC RESO # 1589 —2"
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CARLSBAD )
I, JAMES C. HAGAMAN, Secretary to the Planning Commission
of the City of Carlsbad, California, do hereby certify that the
foregoing resolution was duly introduced, approved and adopted
by the Planning Commission of the City of Carlsbad at a regular
meeting of said Commission held on the 23rd day of January, 1980,
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
PC RESO #1589
— 3—
STAFF REPORT
DATE: December 12, 1979
TO: Planning Commission
FROM: Planning Department
SUBJECT: CT 79-24/CP-33
APPLICANT: Cook
REQUEST: TENTATIVE MAP AMD CONDOMINIUM PERMIT FOR THE
CONVERSION OF 40 EXISTING APARTMENTS INTO
CONDOMINIUMS. .
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BACKGROUND
L o c a t i on and D e s c r i p t ion of Property
The subject property is located on the northwest corner of
Tamarack and Jefferson Street, The project consists of a
forty unit apartment complex.
E x is ting Z o n i nj
Subject Property: RDM
.North: RDM, OS
South: R-l
East: C-l
West: R-l, RDM
Exjsting land Use
Subject Property: Forty unit apartment complex
North: Elementary School
South: Single Family
East: Commercial
West: Single Family Residential
Environmental Impact Informati on
The Environmental Protection Ordinance, Title 19, exempts
the conversion of existing rental units to condominiums per
Section 19 . 04 . 090(a)(3).
General P la njn forma ti o n ' "
A. Land Use Element
This property is designated as RMH, -Residential Medium
High Density, 10-20 dwelling units per acre. The lower
o
figure is the recommended density. Any increase above
this recommended density can occur only if certain
criteria are fulfilled. The proposed conversion, 40
units on 2.91 acres, has a density of 13.7 dwelling units
per acre.
Pub!i c Faci1i ti es
!• Sewer: Sewer service is existing to this project
provided by the City of Carlsbad.
2« Mater: Water service is existing to this project,
provided by the City of Carlsbad.
3- Schools: This project is within the Carlsbad Union
School Districts, The district by letter dated
October 19, 1979, has informed the City that school
physical facilities will be available concurrent
with need.
4. Gas and Electric:Electric service is being provided
Separate meters are provided for electricity,
no gas service at the site. The swimming
by SDG&E
There is
pool is solar heated.
5. On-site and Adjacent Public Faci1i ties
faci1i ti es
All necessary
have been
6.
6 n - si t e" and adjacent public
assured per the City's Public Improvement Ordinance
on prior approval of SP-20(A).
Other Public Facilities: It has been determined
that all other'publ'ic 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 Re 1 a ted Cases
SP-20(A), Starr, On August 17, 1977, SP-20(A), was adopted
on sub.ject property. (Planning Commission Resolution No.
1295, Ordinance No. 9474). This was an amendment to a
specific plan that was adopted prior to the initiation of
the site development plan process. The specific plan provides
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for the existing development. The eventual improvements of
Tamarack and Jefferson and provisions for the traffic signals
were resolved at that time.
CT 79-3/CP-3, Mola, On June 19, 1979, the City denied a
conversion of 80 apartments to condominiums (Ordinance No.
5832), because the development was not comprehensively planned
with integration of recreation areas, open areas, walkways,
parking; the internal street system was a dominant feature;
and sufficient parking was not provided.'
Major PIann i ng Cons i derati ons
1) Does this project meet all the development requirements
of the condominium regulations? Is the parking adequate?
2) Have the design standards of the condominium regulations
been met?
3) Will the deletion of these rental units from the rental
supply have an adverse affect on the total housing market?
Discus si on
This is a reques't for the conversion of an existing apartment
building to a forty unit condominium project. The units are
relatively new and are occupied.
Deyelopment Standards
Setbacks: The development does not have driveways to the unit.
'Parking is in two parking lots at either end of the project.
Parking: The minimum condominium parking requirements are
two spaces per unit, one to be covered. Also, the project
requires 13 visitor spaces, for a total of 93 spaces required.
The project has 80 spaces for the units, 40 covered, and
13 visitor spaces. The project presently has 93 open spaces.
The applicant proposes to cover 40 of them. Parking require-
ments are met on site.
The specific plan permitted "green pavement" in the parking
area (banks that allow grass to grow). However, this has not
proved successful. The condominium code requires asphaltic
pavement in parking areas and concrete flows in covered parking
areas. Staff recommends that the parking lot be reconstructed
to meet the condominium requirements.
Refuse Area: There are two refuse areas"on-site in either
parking 1ot. The applicant pronoses to move the one in the
east lot to the area as shown as Exhibit A. Coast Waste
Management has approved both locations.
-3-
Storage Space: Storage space of 480 cubic feet per unit is
required. The applicant proposes to construct 40 storage
areas of 512 cubic feet under the carports. This meets the
requirement, but the storage is not easily available to the
outside.
Laundry Facilities: Each unit has a built in laundry area.
The plumbing is not in a common wall with neighboring units.
Recreation Area: The project shows approximately 7,000 square
feet of fenced in open recreation area. The condominium
regulations require 200 square feet per unit, or 8,000
square feet. There is, however, ample open areas in the center
of the project, which is used by children as play areas. The
open recreation requirements are met.
L aji d s c a p i n g a n d I r r i g a t i on : The project is presently well
landscaped and maintained.
Utilities: The units have existing separate electric meters.
There is no gas to the property. The applicant proposes to
add separate water meters, either to each unit or to each
building. The code permits both arrangements.
D e s i g n C r i t e r i a: The project meets design criteria in that
it has a centralized recreation area, interconnecting walkways
and close parking areas. The project is oleasantly landscaped.
The design and orientation of the units provide privacy and
aestheti c reli ef.
Recommendati on
Staff recommends APPROVAL of CT 79-24/CP-33 based on the
following conditions:
F i n d i n g;s:
1) The proposed project is consistentwith 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 existing sewer service.
.4.
b) The Carlsbad School District has indicated that
school facilities are available.
c) Water serv.ice is provided by the City of Carlsbad
Separate meters will, be provided.
d) Electric service is provided by San Diego Gas and
Electric. Separate meters have been provided.
e) Park-in-lieu fees have been required on previous
applications.
f) All necessary public improvements have been provided
or have been required as conditions of previous
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 Plannin-g 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.
By condition of approval and by State Law, the applicant
will notify the tenants of this proposed conversion and
provide exclusive right to contract for the purchase of
their respective units.
Conditions
1) Approval is granted for CT 79-24/CP-33 as shown in
Exhibits A, dated 11/27/79 and B & C dated October 10,
1979, on file in the Planning Department.
2) The applicant shall submit a repr'oduci bl e 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
Di rector.
3) The parking areas including the proposed carport shall
be repaved with asphaltic concrete to code, reauirement.
4) The applicant shall pay a public facility fee as
established in City Council Policy Mo. 17. 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 79-24/CP-33 by the Planning Commission.
5) Each of the tenants of the proposed condominium community
apartment house project shall be given one hundred
twenty days' written notice of intention to convert
prior to termination of tenancy due to the proposed
conversion. The provisions of this condition shall not
alter or abridge the rights or obligations of the
parties in performance of their covenants, including,
but not limited to the provisions of services, payment
of rent or the obligations imposed by Sections 1941,
1941.1 and 1941.2 of the Civil Code.
6) Each of the tenants of the proposed condominium project
shall be given notice of an exclusive right to contract
for the -purchase of their respective units upon the
same .terms and conditions that such units will be
initially offered to the general public or terms more
favorable to the tenant. The right shall run for a
period of not less than sixty days from the date of
issuance of the subdivision-public-report.pursuant, to
Section 11018.2 of the Business and Professions Code,
unless the tenant gives prior written notice of his
intention no.t to exercise the right.
Exhibits
Exhibits A, dated 11/27/79, B & C dated 10/10/79
Location Map
Disclosure Form
B P : a r
11/29/79
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LINMftR IN
HIBISCUS
COPY
CASE KO.CT- 71 -^
Description of Request:
Date Rec'd /3<? /7 *?
V><r J//H./H. <Hr
^^~ 17 PC Date/^L- /I-
._ ^° Cj>V«*tA»*f»UK **./__..
Address or Location of Request:Vtx*
Applicant:
Engr. or Arch._
Brief Legal:
_ .
JE? P £00 k.
2. -f 0Assessor Book: _jLQ l/
General Plan Land Use Description:
Existing Zone: f£
Acres; £.^I
School District: {
\7ater District: |
Coast Permit Area:
Page Parcel;
HO Uhtl
No. of Lots:
Proposed Zone:
'_J DUTs ^.7"DU/Acre
Sanitation District: Cttrjk+J.
If after the information you have submitted has been revised, it is determined
that further information is required, you will be so advised.
'*
APPLICANT: '666 Tamarack Limited^ 'Partggr^£g J
Name (individual, par tner ship, joint venture, corporation, syndication)
7851 Mission Center San Diego, CA 92108
Business Address
299-1303
Telephone Number
AGENT: E. F. Cook & Associates, Ltd.
Name
5858 Mt. Alifan Drive, San Diego, CA 92111
Business Address
279-2823
Telephone Number
MEMBERS s Al an U. Mev i n
Name (individual, partner, joint Home Address
venture,- Corporation, syndication)
7851 Mission Center Ct.-San Diego, California 92103
Business Address
(714) 299-1303
Telephone Number •, ' Telephone Number
Name .• Home Address
Business Address
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.
666 TAMARACK LIMITED PARTNERSHIP
Applicant •
Kent
DATE:
TO:
FROM:
SUBJECT:
APPLICANT:
REQUEST:
STAFF REPORT
January 9, 1980
Planning Commission
Planning Department
Continued Hearing on CT 79-24/CP-33
Cook
TENTATIVE MAP AND CONDOMINIUM PERMIT FOR THE
CONVERSION OF 40 EXISTING APARTMENTS INTO
CONDOMINIUMS
These items were continued from the December 12, 1979
Planning Commission hearing, so the applicant could attempt
to.resolve problems noted by the Commission. The following
is a synopsis of the Planning Commission concerns and how
the applicant has attempted to resolve' them.
1. Landscaping: The landscaping is inadequate for a
condominium. The applicant has submitted landscaping
plans indicating how the site will be relandscaped if
the conversion is approved. See E and D, 1/2/80.
2. Storage: The underground storage is inadequate due to
dampness. The applicant has submitted a new site plan
(See Exhibit A-l, 12/27/79) that shows all of the
storage areas in a two story building located in the
parking area. The storage bins are 4' wide and 16' deep
Staff believes the shape and the second floor access
makes these storage areas inefficient and unattractive.
Also this building will block light and air from the
units directly to the west.
'3. Parking: Some parking can be placed on the street
to provide area for storage. Exhibit A-l shows park-
ing on the street. However, there is a bus stop along
this frontage and parking cannot be permitted for 55 feet
north of the intersection. There is room for three
parking spaces on Jefferson, not five as shown.
4. Refuse Areas: The refuse areas are insufficient in
size to•accommodate 40 units. the applicant proposes
to increase the refuse areas to accommodate four bins.
However, the bins will have to be placed in tandem.
Coast Waste Management indicates that the proposal is
workable but not ideal. (See Exhibit A-l). If this
revised plan is approved a condition should be added
requiring that these refuse areas be enclosed by 6'
high masonry walls, contain a metal gate and have a
concrete floor.
5. Water Meters: The code permits one meter per building.
It was noted, however, that one meter per building still
requires group payment of the \vater bill. Staff would
suggest that the water meter be required for each unit
as a condition of approval.
6. Tot Lot: There should be a tot lot for children.
Exhibit D shows a tot lot in the central recreation
area.
7. Noise Abatement: The buildings have been constructed
to meet present noise abatement regulations. However,
there is noise generated from Tamarack that can affect
the tenants. The Planning Commission wished to see if
this can be reduced in the units. The plans, A-l, show
an existing "buffering" wall along Tamarack. This wall
however is to buffer the parking lot visually from the
public streets. Raising the height of the buffering
wall to reduce noise would be aesthetically inappropriate,
ineffective for second floors, and not permitted by zone
regulations. Heavy landscaping provides an apparent
buffer from noise, but is actually ineffective.
A letter in support of this project has been received.
RECOMMENDATION ;
Staff recommends that the revised plan Exhibit A-l dated
12/27/79 not be approved. If the Planning Commission wishes
to approve the conversion, staff recommends that the Planning
Commission refer to Planning Commission recommendation con-
tained in staff report dated 12/12/79, with the addition of
the landscape plan listed as Exhibit D,. 1/2/80.
Attachments:
Staff Report dated 12/12/79
Letter from Philip B. Lukei, dated December 5, 1979
Exhibit A-l, 12/27/79
Exhibit D, 1/2/80
.-"•^
-.*.,,"'
4022 Crescent Point Road
Carlsbad, Calif. 92008
December 5, 1979
Carlsbad Planning Commission
City Hall
.Carlsbad, California 92008
Re: Condo conversion . . 40 units
CT 79-24, CP--33
Dear Sirs:
I wish to support the above condo conversion. I believe it will do
the following:
1. Upgrade the property.
2. Increase the city and county's tax revenue after conversion.
3. Provide a slight addition to lowr priced housing, which is
sadly lacking in Carlsbad.
I feel very strongly that tte vddening md paving of. Tamarack on the
North side be a condition of approval. This work is long overdue,
and I hope the widening from Jefferson to the Santa Fe tracks can ba
accomplished in one operation.
The city has been "studying" this for more than two years. It is time
to get on with the job.
/*'
Philip B. Lukei, owner of
3904 Jefferson Street
PEL:rll
RECEIVED
D!TC~3 1979
C:. ( Ur CAi<LS6AD
Kenning Department
MEMORANDUM
DATE: January 29, 1980
To: City Manager
FROM: James Hagaman, Planning Director
SUBJECT: ADDED CONDITIONS OF APPROVAL, CT 79-2VCP-33
Staff had recommended approval of the subject condominium conversion with
a set of conditions. At the first Planning Commission hearing the Planning
Commission noted objections to the plan and recommended continuance to
determine if objections could be overcome. The Planning staff did review
the application with the applicant and did suggest 3 additional conditions
to be placed on any approval by the Planning Commission. These 3 added
conditions are:
7) Each unit shall be served by an individual water meter.
8) The open area shall be landscaped as shown on Exhibit "D" dated
January 2, 1980.
9) The basement storage area shall be properly ventilated to reduce
dampness.
The Planning Commission however, recommended denial of the application. If
the City Council wishes to approve the subject request, staff recommends
that the conditions of staff report dated December 12, 1979 and the 3
conditions listed in this memo be made part of City Council approval.
BP:JCH:ar