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HomeMy WebLinkAbout1970-11-04; City Council; 293; Tentavie map appeal parcel split 121THE CITY DO F CARLSBAD,CALIFORNIA Agenda Bill No Referred To:CITY COUNCIL Date: November 4, 1970 A " APPEAL - Tentative Map Application; Owner: Paul IVICEVIC Ponto Area. (Parcel Split 121) Submitted By: Planning Commission, Planning & Engineering Depts Statement of the Matter , A Parcel Map concerning the division of a parcel of land in the Ponto area into two[2J. lots was considered by the Planning Commission on September 22nd and continued to October 13th. It was subsequently denied for the following reasons, on that date: 1. The proposed split is not in conformance with City Ordinances which require newly-created parcels have frontage on a dedicated street. 2. .The area in question is one of the more blighted areas within the City-and, allowing further lot splits would only compound the existing problems. •3. The denial of subject application would not deprive the use of . subject property, inasmuch as it woul.d still exist in the same condition under which it was annexed to the City of Carlsbad. The exhibits below document the action of the Commission in this matter. Exhibit 1 - Staff Report dated 9/17/70 2 - Planning Commission Res. No. 675, denying application 3 - Tentative Map - submitted by Paul Ivicevic 4 - Excerpts of Commission hearings: First hearing 9/22; Cont^d to 10/13/70 Staff Recommendations Affirm action of Planning Commission and staff report recommendation. '• • o • o • AS No. Z?3 ' ' • Date: November 4, 1970 City Manager's Recommendation • • • Recommend the decision of the Planning Commission be sustained. Council'Action \ 11-17-70 Action deferred to 12-1-70 at request of applicant. 12-1-70 Res. #1809 adopted, granting appeal and division of_ property, subject to certain conditions as set forth in Resolution #1809 as amended 12-1-70. -2- 0 ^•T <» „ . ' V ' EXHIBIT 1 * ' . * September 17, 1970 _.-*.. * . • TO: Planning Commission FROM: City Manager • . • • SUBJECT: STAFF REPORT concerning Application for Approval of a Tentative Parcel Map, to be considered by the Planning Commission, September 22, 1970 APPLICANT: PAUL IVICEVIC • . ' - REPORT SUBMITTED BY: City Manager, Engineering^ Building, Fire and .Planning Departments. Section I - TECHNICAL REPORT '. - Subject M-Zoned property is located in the Ponto area of the City. It contains 79,690 square feet and does not have frontage on a dedicated street. The applicant desires to split subject property into two(2) parcels of somewhat equal size.. * 'The original parcel of land was in existance when the Ponto area was annexed to the City on September 8, 1964, and the M-Zone was approved by the City Council.on April 6, 1965 after the request for reclassification had been denied by the Planning Commission. The property being discussed is shown in the Carlsbad General Plan as Medium Density (22 to 47 Dwelling Units Per Net Acre.) It should be noted that few of the existing public improvements in the Ponto area meet City standards; public sewer systems and fire hydrants do not exist and many parcels of land do not have frontage on ja dedicated street,.as required by municipal code. t Section II - RECOMMENDATION For the reasons listed in Section III below, it is recommended that subject application not be approved and that the Planning Com- mission request the City Council to consider the enactment of a three- month interim ordinance to prohibit any change or expansion of land use in the Ponto area. This is necessary to allow the City time to n o Q Ivicevic Parcel Map Page Two. /September 17, 1970 Section II (Continued) *• investigate the possibility of utilizing certain HUD programs which nay offer a solution to the deteriorated conditions of the area. If the Planning Commission is in favor of approving subject ap- plication, the conditions listed in Section IV of this report should be included. ' . Section III - REASONS • *, * 1. The proposed split is not in confor'mance with City ordinances which require newly created parcels to have frontage on a . dedicated street. . • * 2. The area in question is one of the more blighted areas within the City and, allowing further lot splits would only compound • the existing problems. 3. The denial of subject application would not deprive the use of subject property, inasmuch as it would still exist in the same condition under which it was annexed to the City of Carlsbad. Section IV - CONDITIONS * • . '* 1. Dedicate existing sixty (60)-foot private road easement to the public for street purposes. 2. Provide a Master Plan for streets for the Ponto area. 3. Construct one-half width subdivision improvements as required by City ordinance and the City Engineer/ for that portion in front of the subdivided property. Also, provide two(2) fully improved (10-ft.) travel lanes to service property from Ponto Drive. 4.- Construct eight(8)-inch water line for the entire length of the new street, with fire hydrants as required by the City Engineer. • 5. Provide a Master Plan for sewerage for the Ponto area. 6. Construct a sewer to serve the property, as required by City Engineer. 7. The above conditions are to be satisfied prior to issuance of a building permit. f- JBA:nl J. fB. ARNOLD City Manager o TENTATIVE PARCEL MAP REQUESTED BY: PAUL IVICEVIC i 8-18-70 PONTO EANSIDE DERAL SAVING LOAN C. 4 jlMJM^^ 0 EXHIBIT 2 PLANNING COMMISSION RESOLUTION NO. 675 A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION DENYING A TENTATIVE HAP OF IVICEVIC PARCEL MAP 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2-1 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the Carlsbad City Planning Commission did receive on August 18, 1970, a tentative map of the IVICEVIC Parcel Map submitted by PAUL IVICEVIC, owner and developer, located on property between Carlsbad Boulevard and the A.T.6 S.F. Railroad right-of-way. In the Ponto area, said property being a portion of Lot 4 of Section 29, Township 12 South, Range 4 West, San Bernardino Base and Meridian, In the City of Carlsbad, County of San Diego, State of California, also known as Parcels 28 and 29, Page 160, Book 214 of the Assessor's Map of San Diego County. * WHEREAS, the Planning Commission did consider the tentative ' map as submitted, comprised of two (2) lotst WHEREAS, the Planning Commission did take Into consideration the reports of the various City agencies and utility companies/ NOW, THEREFORE, BE IT RESOLVED that the tentative map of the Ivlcevlc Parcel Map. be DENIED for the following reasons: 1. The proposed split Is not In cdnformance with City Ordinances which require newly created parcels to have frontage on a dedicated street. 2. The area In question Is one of the more blighted areas within the City and, allowing further lot splits would only compound the existing problems. 3. The denial of subject application would not deprive the use of subject property, Inasmuch as It would still exist In the same condition under which It was annexed to the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission, held on the 13th day of October, 1970, by the following vote, to wlti AYESt Commissioners Foreman, Hermsen, Jose, Little and . Dewhurst ABSTAINED: Commissioner Palmateer ABSENT: Commissioner Guilett £. //. JOSE, JR., Chairman ATTESTt D. K. DGHUURST, Secretary " I o . CITY •"O--EXHIBIT 4 OF CARLSBAD PLANNING COMMISSION September 22, 1970 _4_ / • MR. JAMES O'NEAL, speaker in the previous public hearing matter, also spoke in favor of the Land Use Amendment for this area, as it generally will affect tht area's orderly development in line with the General Plan recommendations for residential-multiple densities. There were none in the audience to speak in opposition of this item, and the public hearing was closed at 8:15 P.M. •Commission discussion followed and it was. generally agreed this Land Use Amendment tied in with the preceed. rezoning application, both of which have been before th( Commission for many months for study and resulted in th. present action. Several Commissioners recommended ap- proval, in line with the department's density recommend* tions and the motion was then made to recommend same to the City Council, for an amendment to the Land Use Ele- ment of the General Plan, for the reasons indicated belt. PLANNING COMMISSION RESOLUTION NO. 67 6 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD RECOMMENDING TO CITY COUNCIL ADOPTION OF LAND USE AMEND- MENT NO. 1, AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN, further reading being waived; the reasons for such recommendation are: (1) This amendment is necessary to implement current City planning for future development of subject area; (2) This amendment is in line with the General Plan • recommendations for subject area . (d) TENTATIVE MAP -'To consider Tentative Parcel Map for approval, at a location off Ponto Drive, East of Carlsbad Blvd., and West of A.T.SS.F. Railroad; Applicai Paul Ivicevic • Mr. Johnston read the staff report dated 9/17/70 and referred to a wall slide of subject parcel, which also showed the parcel size, adjacent ownerships, zonim etc. The technical report presented the background for this request and the recommendation was to deny subject request and ask the Council for an interim ordinance of 90 days to allow no further development plans in the Poi area, until the staff could study the problem situations that exist there and make further recommendations, perhi to the extent of utilizing Certain HUD program applicati for this area's planning and development. Non-conformai with City building standards and requirements of future Development were cited and it was felt to allow this present application, would only add to an already sub- standard situation there. Conditions of approval, if this were the case, were itemized, as required by City standards and the City Engineer. There was no correspoi 3ence received and. the chairman called for those in the audience who were there to speak in favor or in oppositi MR. HARRY TRUAX, engineer and representative of the Applicant, of E. Brian Smith Engineers, 2656 State Stree stated he was very much in conflict with the staff re-' tort's presentatiion of the facts, the reasons for staff recommendation to, deny, and several of the conditions oi Approval. He approached . these individual ly , as follows: \ ng s w: Motion Ayes Absent t: to ps on ce on . t, • Zl\ X §J[ X R X -\ X ^\~A X A\< X X r 3 X I CP CITY OF CARLSBAD COMMISSIONERS -5- Reason of the staff report was incorrect and Mr. Trut n cited Ordinance No. 9050, Section 209 regarding newly created parcels fronting on dedicated streets, which he said was not specifically that restrictive. Reason #2 which states subject lot split should not be allowed as it would add to an already blighted condition for this area, was cited as unfair, in that fencing and construc- tion of a building on land that is now unused and weed covered, should not be considered detrimental. Reason states denial of subject application would not depriv the use of subject property, but Mr. Truax states this is not so because a building permit cannot be obtained without the lot split which is being sought in this ap- plication. The conditions of approval as required by City stan lards or the City Engineer, were discussed as to the im- possibility or legality of same being imposed on one oroperty owner, i.e., dedication of 60-ft. private road Basement to the public for street purposes, providing of 3 master plan for streets for the Ponto area, construct! one-half width subdivision improvements in front of subdivided property, construction of 8-inch w.aterline fo the entire length of the new street, providing of a Ttaster plan for sewerage for the Ponto area. Mr. Truax stated these conditions were' not possible for his client as in some cases, he did not have the right to effect these improvements . for the entire area. Mr. Truax state the City needs to consider the servicing of the Ponto irea and help the property owners there work out their Jevelopment problems as they do have the right to develo fithin the City, as cited, under Section 209 of the sub- iivision ordinance. He felt the staff report's recommend ~.o deny this application and request for a moritorium o development in Ponto was unfair and was an attempt to evade the question of City services to the area. MR. BARTON, property owner in the Ponto area, state he felt the only thing wrong with the M-Zoning this are* annexed to the City under, was those parcels with poor residential uses on this type zoning. He cited certain uses, in the area which he felt were unsightly and added to deteriorating the whole area. He stated he also had plans to build on his 'property and he felt he should be allowed to do so under the current industrial zoning, as he had been paying taxes to the City since annexation at orior to that, to the County, for the past twenty years There were no others in the audience to speak in favor r opposition and the public hearing was closed at 8:40 \P.M, The Commission discussion followed and Commissions Dewhurst asked Mr. Truax about the 'masonry construction currently going on at subject property and Mr. Truax stated the owner 'had obtained a building permit for a fence. Inasmuch as several questions had been raised as to the providing of water, sewers, electricity, and a road to serve subject property, and the obligation to provide same and by whom was not clear, it was decided this application should be. continued and further report tion SS8WBSS «, ^«irii«!es»s««a* * o • CITY o OF CARLSBAD COMMISSIONERS -6- was requested from the Engineering and Planning Depart- ments on the matter. Mr. Truax stated that an applican hearing could not be legally continued without the per- mission of the owner/applicant, and he felt this should be carried over for only two(2) weeks, to the next regular meeting on October 13, 1970. Mr. Olinghouse stated he would coordinate the necessary staff discussi in order to bring a report back at the next meeting. The motion was subsequently made to continue this public hearing to October 13, 1970, for further report from the staff. • (a) Discussion of proposed ordinance amendment re Parki of Vehicles in Residential Zones - per request of City Attorney. .. Mr. Wilson briefed ifce Commission on the reasons for such proposed amendment and stated at this time he was asking for su.ggestions as to the restrictions to be worked into this amendment. Considerable discussion was given and Mr. Wilson was asked to obtain, whatever previous data or like ordinances might be available fro other cities who had been faced with a like problem. stated such ordinances were not common and this would b somewhat of a "pioneering" effort for the City. He als recognized the difficulty in forming requirements, Jbut asked that the Commissioners study the draft form he had worked up as to additional vehicle parking, sideyai parking of campers, boats, etc. . The Chairman stated a "roundtable" discussion, or work committee, was warranted at this time, and they could either adjourn to a date prior to the October 2 date for a 3-man work committe to Mr. Wilson was asked to make available any helpful data on this matter, and the following members will comprise a work committee to draft recommendations to the Council on a proposed vehicle parking amendment: Commissioners Hermsen, Forman and Jose, with Commissioner Little as an alternate. The afternoon of Wednesday, October 7th at 4:00 P.M. at the City Hall Conference Room was agre upon and these will be contacted as a reminder prior t this meeting. meeting, or set a meet in the evening and get started on this item. (b) Resolution of Intention No.75 - To consider sett±n public hearing date of October 13, 1970 to consider a. Specific Plan regulating land uses on Thunderbird Rand 4539 El Camino Real. Mr. Johnston briefed the intended purpose and reasc for requiring a specific plan in this instance, in tha there is an application in the department for rezoning to R-T(Residential-Tourist) with a Conditional Use Pern for a guest ranch at the subject location. The departa 'desires to assure development for the proposed' use and a specific plan.requirement would.do this , at the same time the application is set for public hearing at t.'ie -next meeting on October•13th. n otion Ayes Absent th ns it ent , -STttrrsT-rr-nrtt? y ^•mr-Kf^t.n^ti MINUTES OF MEETING: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: cr..C ' O ' CITY OF CARLSBAD PLANNING COMMISSION October 13, 1970 7:30 P.M. City Council Chambers EXHIBIT 4 COMMISSIONERS ROLL CALL: City Staff representatives present: Stuart Wilson, E. J. Olinghouse, R. A. Johnston, J.E. Spano and Jack Arnold. APPROVAL OF MINUTES: (a) Minutes of the regular 'meeting of September 22, 1970 were approved as submitted. WRITTEN COMMUNICATIONS: There were no written communications. ORAL COMMUNICATIONS: Chairman Jose announced the presence of the City Manager at the Planning Commission -Meeting. PUBLIC HEARINGS: (a) CONTINUED - TENTATIVE MAP - To consider Tentative' Parcel Map for Approval, located off Ponto DriveJ dasT of Carlsbad Boulevard, West, of A.T. & S.F. Railroad; Applicant/Owner - Paul Ivicevic ^__ The Assistant City Engineer requested permission to read a memorandum dated October 2, 1970 sighed by the City Engineer to the Planning Department recommending denial of this application due to its non-conformance with requirements of Ordinance 9050 regarding access and necessary utili'ties. The Chairman called for those in the audience to speak in favor of the application. MR. HARRY TRUAX, representative of E. Brian Smith Engineering, wished to speak in favor of'-his client's application. He'made reference to a letter dated October 9, 1970 from Carlsbad Municipal Water District which indicated there would be no problem as far as water was concern- ed. He stated he felt the City Engineer made further recommendations for denial without a legitimate cause. Mr. Spano stated the Engineering Department has had no information on the intention of the property owner to provide the lines recommended by Carlsbad Municipal Water District. He also stated the necessary utilities are not as much of a problem as th'e fact that proper access has to be provided. Mr. Truax stated that while the Engineering Department may have based its decision on one chapter of Ordinanci 9050, the applicant is filing under Chapter 209- which does allow this to occur regardless of what is con- tained in the subdiv-ision ordinance. He stated, this makes their application a legitimate request although it is not in conformance with the ordinance and it is unusual circumstances. Present Absent Motion Ayes Absent X K \, .v^,...l.-.-.-^.s«W>^.^"ftt!!^*»^^ ^>*J*-*c ' o •• CITY OF CARLSBAD PLANNING COMMISSION October 13, 1970 • -2- COMMISSIONERS ,O\ Mr. Spano. stated the applicant does not have proper street frontage for his lot and he readily admits this He stated the Engineering Department does not feel these are unusual circumstances and will not recognize the applicant filing under Chapter 209, therefore they are denying the application. Mr. Truax explained that the applicant does not have the right of eminent domain and therefore, cannot comply with' this requirement. The City Attorney explained that if the Engineering Department feels these are not exceptional circum- stances , they have the right to deny, however, if they should decide the circumstances are exceptional, under Chapter. 209, they could waive the requirement and approve the application. Upon request of one Commissioner, the Assistant City Planner displayed a map of the area and explained the location of the property. The Chairman inquired if there was anyone else in the audience who wished to speak in favor or against the application. Since there were no other persons who wished to speak, the Chairman closed the Public Hearing at.7.50 P.M. • ' Discussion was held by the Commissioners covering such subjects as the lack of city control in an H-zone •using a sewerage system in one day. On this matter Mr. Truax stated that the County Health Department has very strict regulations on this. He stated the suggested number of people allowed to use such a sewer facility in one day is usally called for by an engineer and then the County can increase or decrease the number* It was also pointed out that the immedi- ate area surrounding the property is completely set up for septic tanks and sewage would be ~no problem. Commissioner Forman stated Conditions 2 and 5 were broad in the Engineering Department Report. Mr. Spano stated that this does not necessarily have to be done but the property owner might wish to have an engineer come in and do this. Mr. Forman further inquired if this application was authorized under Chapter 209, would it have any effect on the Planning Department as far as the HUD Program. Mr. Olinghouse stated the more development that is under certain z.oning and deverts from, the Master Plan, the more of a problem it becomes with HUD, and Commissioner Little stated since this is an important point to be considered, it should have been included in the Planning Department-.-report. He also stated he did not feel the Commission was aware of all the facts in this matter. Chairman Jose stated it appeared that there were still too many questions to be answered and he has not seen where the city departments involved and the CMWD have straightened the matter out with the applicant to a point where the Planning Commission can reach a de- cision. r CITY OF CARLSBAD COMMISSIONERS \ \ \ \ \~r\\ \ _ PLANNING COMMISSION October I3t 1970 -3- Discussion regarding, what Carlsbad Municipal Water District requirements as far as lines were concerned ensued and the Commission agreed that the letter sent to the Planning Commission did not clearly state the exact requirements. The City Manager stated this policy is set out in the city policy but he felt the frontage problem could be worked out with the Applicant and other property owners. He, further stated there is a problem in that area which should be solved but Council Policy is met when there is an Ordinance and nothing should be approved where there is no frontage on a street. He stated "perhaps a two week continuance would allow time for these problems to be solved. Mr. Truax stated speaking for the applicant, that nothing would be solved by a continuance and stated he would like to see this matter go to Council for. a decision. The motion was duly made to deny the application for Tentative Map submitted by Paul Ivicevic, for reasons given in staff report dated 9/17/70. PLANNING COMMISSION RESOLUTION NO. 675 - A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION DENYING APPROVAL OF TENTATIVE MAP OF IVICEVIC PARCEL MAP for the following reasons, further reading being waived: (1) The proposed split is not in conformance with City ordinances which require newly created parcels to have frontage on a dedicated street. (2) The area in question is one of the more blighted areas within the City and allowing further lot splits would only compound existing problems. (3) The denial of subject application would not de- prive the use of subject property, inasmuch as it would still exist in the same condition under which it was annexed to the City of Carlsbad. (b) RECLASSIFICATION OF ZONE - From R-A-10,000 to R-T (Residential Tourist) Zone, at property located at 4539 El Camino Real, Carlsbad and commonly known as "Thunderbird Ranch" ; Applicant/Owner - Mrs. Glory G. Fleming and Dr. Charlotte C. Carey, Ph.D. ' The Assistant City Planner read the staff report dated October 6, 1970 and stated Exhibit "B" , a plot map was on display to cite the location of 'the property. The Chairman announced the Commission, would now like to hear from anyone who wished to speak in favor of this application. Mr. Carl Hodsdon, 15495 U.A. Hwy 80 stated he was concerned with the recommendations and conditions by the Planning representative. ' Dr. Charlotte Carey, 439 El Camino Real, stated she is an owner and was .present 'in favor of the zone chang Mr. Robert Shrofe, 4535 El Camino Real stated he was opposed to this change for a number of reasons. He stated he did not feel the present roads are adequate for this type of operation and he did not feel there Motion Ayes Absent Abstained X