Loading...
HomeMy WebLinkAbout1981-04-07; City Council; 6552; Condominium Conversion Permit_- CITY OF CARLSBAD AGENDA BILL NO: L5,r 2 . ~~~~'"H"D DATE : APRIL 7, 1981. CTY. ATTY. DEPARTMENT: PLANNING CTY. MGR. SUBJECT : CT 80-8/CP-58/V-302 IZBICKI : Condominium Conversion Permit and an Appeal of the Planning Commission's Decision in Deny- ing a Variance of Parking Requirements in the RDM Zone STATEMENT OF THE MATTER: This item is a consideration of the Planning Commission's recommendation for denial of a tentative tract map and a condominium conversion permit. cant is also appealing the Commission's decision to deny two variance requests to allow two parking spaces to be located in the front yard setback, and to reduce the required number of parking spaces from 20 to 18. conversion permit is for 8 units. "he variance application was denied because the Planning Commission could not make all four of the mandatory findings for a variance. was contingent upon approval of the variances, however,.staff also had several concerns with respect to design criteria. The appli- The condominium Approval of the tentative tract map' and condominium conversion permit The Planning Commission sympathized with the applicant's predicament and indicated they would like to see a method to grant approvals for projects with special circumstances such as this. motion to indicate their concern and a memorandum from the Commission indicating same is attached for your review. The Commission therefore made a minute ' ENVIRONMENTAL REVIEW This ap lication is exempt from environmental review pursuant to Section 19.04.07 P a)(8) of the Carlsbad Municipal Code. FISCAL IMPACTS If the City Council approves this application, the applicant will provide all necessary public improvements prior to conversion of the units to condominiums. Also, the applicant has agreed to pay a public facility fee to ensure the provi- sion of all other necessary public services. RECOMMEND AT ION Both the Planning staff and Planning Commission recommend that this appeal be DENIED and that the City Attorney be directed to prepare documents DENYING CT 80-8/CP-58 and V-302 per Planning Commission Resolution Nos. 1635 and ATTAC"TS I 1. Planning Commission Resolution Nos. 1635 arid 1636 2. Staff Report, dated March 11, 1981 3. Memorandum from Planning Commission, dated April 2, I981 4. Minutes, dated March 11 , 1981 AGENDA BILL NO. 6552 Page 2 Council Action: 4-7-81 Council directed staff to prepare the necessary findings for inclusion in the documents approving CT 80-8/CP-58, and granting the appeal of denial of V-302. .. . -_ . - 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 . 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1635 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMEND- ING DENIAL OF AN EIGHT LOT TENTATIVE TRACT MAP AND CONDOMINIUM CONVERSION PERMIT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE BETWEEN GIBRALTAR AND ROMERIA STREETS. APPLICANT: IZBICKI CASE NO.: CT 80-8/CP-58 WHEREAS, a verified application for certain property, to wit: Lot 40 of La Costa South Unit No. 5, in the city of Carlsbad, county of San Diego, state of California, according to Map No. 6600 filed March 10, 1970 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, the Planning Commission did, on the 11th day of March, :981, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends DENIAL of CT 80-8/CP-58 based on the following findings: - Findings : 1. That the project does not meet the parking standards of the 1 2 3 a 9 1c 11 12 32 14 3E . 1E 17 2c 21 22 2: 24 2: 2t 25 2E 2. Condominium Ordinance for the reasons stated in the staff report. That the project does not meet the design criteria of the Condominium Ordinance for the reasons stated in the staff report. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 11th day of March, 1981, by the following vote, to wit: AYES: NOES: Commissioner Rombotis. Chairman Marcus, Friestedt, Jose, L'Heureux, Leeds, and Larson. ABSTAIN : None - MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PC RES0 #1635 -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1636 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO ALLOW PARKING IN THE FRONT YARD SETBACK GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE BETWEEN GIBRALTAR AND ROMERIA STREETS. APPLICANT: IZBICKI CASE NO.: V-302 WHEREAS, a verified application for certain property, to wit: . Lot 40 of La Costa South Unit No. 5, in the city of Carlsbad, county of San Diego, state of California, according to Map No. 6600 filed March 10, 1970 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, the Planning Commission did, on the 11th day of March, 1981, hold a duly noticed public hearing as prescribed by law of consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to V-302. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the city of'carlsbad as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission DENIES V-302 based on the following findings: FINDINGS: 1. That there are no exceptional or extraordinary circumstances applicable to the property that do not apply generally to other property in the same vicinity and zone for the reasons stated in the staff report. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. That such variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the.property in question for the reasons stated in the staff report. That the granting of such variance is materially detrimental to the public welfare and injurious to property in the same vicinity and zone for the reasons stated in the staff report. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 11th day of March, 1981, by the following vote, to wit: AYES: Chairman Marcus, Friestedt, Jose, L'Heureux, Leeds, NOES: Commissioner Rombotis and Larson. .. MARY JmRCUS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION STAFF REPORT E DATE : March 11, 1981 TO : Planning Commission FROM : Planning Department SUBJECT : CT 80-8/CP-58 and V-302 - IZBICKI - Request for a tentative tract map and condominium permit to convert 8 apartment units to condo- miniums, and a variance to reduce the required number of visitor parking spaces and to allow parking in the front yard setback on property generally located on the north side of La Costa Street in the RD-M Zone. . Avenue between Gibraltar Avenue and Romeria I. Project Description The applicant is requesting a tentative tract map and condominium permit to convert 8 existing apartment units into condominiums at the above described location. Also, the applicant requests two variances of the Zone Code: 1) to reduce the number of visitor parking spaces from four to two; and 2) to allow the location of two parking spac s in the required front yard setback. Approval of the condominium conversion is contingent upon approval of the variance since the applicant would not be able to meet the parking requirements of the condominium ordinance. 11. Analysis Planning Issues; V-302 1. Can the four mandatory findings for approval of a variance be made? a. Are there exceptional or extraordinary cir- cumstances.applicable to the property that do not apply to other property in the vicinity? b. Do other properties in the vicinity share a similar property right which is denied to this property? c. Will this variance adversely affect the comprehen s ive Gene r a1 P 1 an ? d. Will this variance be detrimental to the public welfare or injurious to property in the vicinity? Discussion V-302 Section 21.24.040(2) of the RD-M zone permits a 10' front setback if carports or garages do not face onto the street and if the remaining front yard is land- scaped with flowers, shrubs and trees. The applicant is proposing spaces within this 10' area to meet the parking requirenents of the Condominium Ordinance. The proposed parking stalls would be 1% feet from the front property line and 11+ feet from La Costa Avenue. It should be noted-, that even if the two parking stalls are provided, the applicant is still two spaces short of the required parking spaces, thus, approval of this variance would allow for a reduction of the required spaces. Staff cannot find sufficient facts to make the required four findings for either variance. Specifically, there are no extreme or extraordinary circumstances which exist relating to this property that do not apply to other properties in the same vicinity and zone. Because the project was built as an apartment, even though the applicant may have intended to convert to condominiums, stpff feels this is not sufficient ]usti.- fication for finding extreme or extraordinary circum- stances. Secondly, no other properties in the same vicinity and zone have either reduced parking or parking within the front yard setback, thus, no properties share a similar property right that is being denied to the applicant. The applicant has indicated that he is being denied a property right because on-street parking is permitted on some portions of La Costa Avenue in front of RDM zoned lots. Although this is true, it is almost certain that parking will have to be prohibited along the entire length of La Costa Avenue in the future because of high traffic volumes and the narrow width of the street. Although approval of the variance will not adversely 'affect the General Plan, such approval may be detrimental and injurious to the public health and welfare. Location of the parking stalls close to La Costa Avenue will potentially create traffic hazards on this street. Specifically, cars backing out of these two spaces would block entrance into the complex from La Costa Avenue, requiring cars to make a sudden stop on a secondary art- erial inducing rear end collisions.. Because of the potential traffic hazard and the lack of sufficient facts to make a11 the four mandatory findings, staff is recommending that the variance be denied. Planning Issues - CT 80-8/CP-58 1. Does this 'project meet the development standards of the Condominium Ordinance? 2. Does this project meet the design criteria of the Condominium Ordinance? CT 80-8/CP-58 With respect to development standards, all have been met with the exception of parking. Open-recreation requirements are met by private patios and open decking as shown on Exhibit 'A'.. Storage is provided within the units, the carports and underneath the proposed deck. Laundry facilities are in a separate 64 square foot building located between Units 3 and 4. As mentioned, the number of parking spaces is deficient by four spaces. If the encroachment variance is approved, parking would be deficient by two spaces. Since La Costa Avenue at this site is a "no parking" area, visitor parking cannot be provided on-street. Staff feels that visitor parking is important for a condominium develop- ment and that lack of such parking would be detrimental to the project and constitutes grounds for denial. Unless a variance can be approved to reduce the required number of parking spaces and allow parking in the front setback, CT 80-8 and CP-58 cannot be approved. Staff also, however, had a number of secondary concerns with the design of the project. These concerns include dominance of the driveway and the location of the carports and visitor parking spaces. The driveway enters from La Costa Avenue and, combined with the parking area, totals a little over 5336 square feet and takes up 31.4% of the .39 acre site. Staff feels it is a very dominant feature and does not meet the design criteria of the Condominium Ordinance. Secondly, the applicant has built carports directly in has been created between the units and the carports creating an enclosed, and in staff's view, indefensible space. The use of carports at this location has further dimensioned the visual appearance of the project. Coupled with the location of the visitor parking spaces within 10' of La Costa Avenue as previously mentioned, the overall design of the parking area does not meet the intent and purpose of the design criteria of the Condominium Ordinance. . front of the entrys to units 1 and 2. A 5' corridor * Overall, staff feels neither the variances nor the condominium conversion can be supported for the reasons stated herein. 111. Recommendation A. It is recommended that the Planning Commission adopt Resolution No. 1636, DENYING V-302, based on the findings contained therein; and B. It is recommended that the Planning Commission adopt Resolution No. 1635, DENYING CT 80-8/CP-58, based on the findings contained therein. Attachments P C Resolution No. 1636 P C Resolution No. 1635 Background Data Sheet Location Map Discloure Form Exhibits A, B, C and D, dated February 22, 1980 BH:jd 2/27/81 . '. . CASE NO: CT 80-8/CP-58/Y-302 APPLICANT: IZBICKI -TAND =TION: 8 unit condominium conversion and variance to allow a reduction in 2 visitor parking spaces and encroachment in the front yard setback LEGALDESCRIPTION: Lot 40, La Costa South Unit No. 5, Map 6600, filed March 10, 1970 Assessors parcel NU&EX; 216 - 300 -' 16 -- ares -39 No. of Lots 8 General Plan Land Use Designation RH Surrounding Zoning and Land Use: Zoninq Land Use North RDM Multi-Family %uti1 R-1 and 0-S S.F.R. and vacant East RDM Multi-Family and vacant West RDM Multi-Family and vacant PUBLIC FACILITIES School District San Dieguito and Encinitas Water District Costa Real Water District Sewer District Leucadia County Water-Distric-ut, 8 edu's allocated Public Facilities Fee Agreement, dated Fm ..I 2,1980 - I 1 -- (Other: ---_I_- Negative Dcclaration, issued Log No. E.I.R. Certified, dated Okher . exempt per 19.04.070(a) (8) i If after the iiiformation you have submitted has been reviewed, it is determined that further information is required, you will be so advised. Leonard R. Izbicki (individual) APPLICANT : Name (i.ndividua1 , partnership , joint venture , corpora tion , syndicatj- on) 6519 Onda Place, Carlsbad, CA 92008 Business Address 438-2443 Telephone Number BRIAN SMITH ENGINEERS I INC. Name AGENT : 2656 State Street, Carlsbad,CA 92008 Busirless Address * 729-8981 -____ Tel ephone Number MEMBERS : Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address - Telephone Number . , Telephone Number Home Address Name I Business Address Telephone Number Telephone yumber , i (Attach more sheets if necessary) I/Wc declare under penalty of perjury that the information contained in this dis- relied upon as being true and correct until amended. -closure is true and correct and that it will remain true and correct and may be Applicant /? BRIAN_,,SMI$& ENGINEE~, INC. i 'I "$ ?- MEMORANDUM Date : To : From: Subject : April 2, 1981 City Council Planning Commission MINUTE MOTION =GARDING THE APPROVAL OF PROJECTS HAVING SPECIAL OR UNUSUAL CIRCUMSTANCES WHICH DO NOT MEET ZONING REQUIREMENTS OR FINDINGS FOR A VARIANCE The intent of this motion is to convey to the City Council the Planning Commission's desire to establish a vehicle to grant approval of projects with special or unusual circumstances and which cannot meet either zoning requirements or mandatory findings for a variance. This motion was prompted by review of V-302 (IZBICKI) for which the Commission felt special circumstances may possibly apply to this project but the four mandatory findings for a variance could not be made and, therefore, no vehicle is available for approval of the project. Respectfully submitted, &- commission MM: jf L March 11, 1981 Pagk 5 The Commission then addressed.the variance, to include parking in the setback, and to eliminate the reduction of the required parking spaces from four to two on-site, for guest parking. The consensus of the Commission was that all the mandatory findings for a variance could not be found. The Commission also discussed the possibility of amending. the Ordinance, to allow flexibility and the ability to deviate from the strict applications of same. The Commission adopted the following Resolutions: RESOLUTION NO. 1636, DENYTNG A VARIANCE'TO ALLOW PARKING IN THE FRONT YARD SETBACK GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE BETWEEN.GJ!BRALTAR AND ROEERIA STREETS. RESOLUTION NO. 1635, RECOMMENDING DENIAL OF AN EIGHT LOT TENTATIUE TRACT MAP AND CONDOMINIUM CONVERSION PERMIT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE BETWEEN GIBRALTAR AND ROMERIA STREETS. A minute motion was made, that if this item is appealed, the Planning Commission forward to the City Council, a letter of concern about this type of problem, and request that the Council take it into consideration. Further, if the Council wished to change the policy, the letter would reflect that the Commission would not object to same. RECESS Chairman Marcus called a recess at 8:50 P.M., and thee Commission reconvened at 9:02 P.M., with all-members present. NEW PUBLIC HEARINGS 3. CUP-194, AQUACULTURE. Request for a Conditional Use ._ Permit to expand aquaculture research laboratory located on the.east side of Carlsbad Boulevard between the Encina Power Plant and Agua Hedionda Lagoon. Mike Holmiller introduced this item, and indicated that Joyce Crosthwaite would present the staff report, Joyce Crosthwaite presented the staff report, essentially as contained in the Statement of the Matter, noting a correction in same; that being the proposal is for 50 circular culture tanks, not 40 as stated in the staff report. Commissioner Jose suggested that a time limit be placed on the CUP, and possibly a review period. He also expressed concern that the project could become a commercial activity and inquired as to the open space .zoning restrictions, Joyce Crosthwaite responded that the zone is open space, and aquaculture has been desiqnated as an agriculture use by the Marcus Larson L'Heureux Jose Leeds Rombotis Friestedt :OfW I SS IONERS ' Marcus Larson L 'Heureux Jose Leeds Rombo t i s Fries tedt 4 NOTICE OF PuB;LIC HEARING CT 80-8/8-58 APPEAL - V-302 NOTICE IS HEREBY GIVEN that the public hearing on the above referenced matter, to be held by the Carlsbad City Council on Tuesday, April 7, 1981, will not be held at 7:OO PM, as previously noticed, but rather at 6:OO P.M., on that date, to consider appmvd of a 8 Unit tentative tract mp and condcaninim conversim pennit; and to consider an appeal of the Planning camnission’s denial of a variance of the setback and payking re- quirements on property generally located on the noqth side of La Costa AWLE htween Gibraltar Street and -ria Street and mre particularly described as: I& 40 of La Costa South Unit No. 5, in the County of San Diego, according to Map No. 6600, filed- 10, 1970. APPLICANT: IZBICKI PUBLISH: &rill, 1981 I I - \. . .. NOTICE OF PUBLIC HEARING CT 80-8/CP-58 APPEAL - V -30'2 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:OO P.M. on Tuesday, April 7, 1981, to consider approval of a 8 unit tentative tract map and condominium conversion permit; and to consider an appeal of the Planning Commission's denial of a variance of the setback and parking requirements on property generally located on the north side of La Costa Avenue between Gibraltar Street and Romeria Street and more particularly described as : - Lot 40 of La Costa South Unit No. 5, in the County of San Diego, according to Map No. 6600, filed March 10, 1970. APPLICANT : IZBICKI PUBLISH : March 28, 1981 CITY OF CARLSBAD CITY COUNCIL i ____ .. . ._. _-.. ~. . . .. . .. .. ..