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.
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AS No. Z?3 ' ' • Date: November 4, 1970
City Manager's Recommendation • • •
Recommend the decision of the Planning Commission be sustained.
Council'Action
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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.
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^•T <» „ . ' V ' EXHIBIT 1
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September 17, 1970 _.-*..
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TO: Planning Commission
FROM: City Manager • .
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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.
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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
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Ivicevic Parcel Map
Page Two.
/September 17, 1970
Section II (Continued)
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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 •
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1. The proposed split is not in confor'mance with City ordinances
which require newly created parcels to have frontage on a
. dedicated street. . •
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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
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TENTATIVE PARCEL MAP
REQUESTED BY:
PAUL IVICEVIC
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8-18-70
PONTO
EANSIDE
DERAL SAVING
LOAN
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0 EXHIBIT 2
PLANNING COMMISSION RESOLUTION NO. 675
A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION
DENYING A TENTATIVE HAP OF IVICEVIC PARCEL MAP
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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.
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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
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CITY
•"O--EXHIBIT 4
OF CARLSBAD
PLANNING COMMISSION
September 22, 1970
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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:
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CITY OF CARLSBAD COMMISSIONERS
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Reason of the staff report was incorrect and Mr. Trut
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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
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CITY
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OF CARLSBAD COMMISSIONERS
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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.
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Ayes
Absent
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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
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CITY OF CARLSBAD
PLANNING COMMISSION
October 13, 1970
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COMMISSIONERS
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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.
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CITY OF CARLSBAD COMMISSIONERS
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PLANNING COMMISSION
October I3t 1970
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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
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