HomeMy WebLinkAbout1973-05-01; City Council; 721-1; Request by Beach colony for map extensionIHh CIIY OF CARLSBAD, CALIFORNIA' " - ' xjX
Agenda Bill Ko.'jtji ^/t*jtfl0«+~jDate Hay 1, 1973
Referred T'O: CITY COUNCIL
Subject: RFnilEST BYL BEACH CQLQNY FOR AN EXTENSION Submitted By:
OF ONE YEAR FOR TENTATIVE MAP CT 72-4 AND SPECIFIC
PLAN. PLANNING COMMISSION
" Statement of the Matter
k
Applicant is requesting an extension of one year for Tentative Map CT 72-4 and
Specific Plan due to new ownership of the property involved and time needed
for Mr. Zongker to obtain a permit from the Regional Coastal Commission.
The original Tentative Map was approved by the Planning Commission on April
11, 1972, and received final approval by the City Council on May 2, 1972.
Both Resolutions are attached.
The present owner is suing the State of California for "quiet title" to a
portion of property under questionable ownership so he can proceed with the
approved project. Until this suit is settled however, the applicant is unable
to prepare the necessary draft environmental impact report.
Exhibit
1. Application
2. Planning Commission Resolution No. 778
3. City Council Resolution No. 1994
4. Letter from Rick Engineering to Planning Commission, dated 2-20-73.
5. Letter to City Council from Pfenning Department dated May 1, 1973, withExhibit #4 attached.
Staff Recommendations
.Staff recommends no action be taken until the E.I.S. requirements are met. This
would imply that no further development can take place on the subject property until
such time as the:City Council wishes to extend the Tentative Map to May 2, 1974.
AB NO .Date: May 1, 1973
City Manager's Recommendation
Concur with staff recommendation
Counci1'Action
5-1-73 The report was accepted and ordered filed
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INFORMATION TO BE TYPEWRITTEN .^ -£ '/ -
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Filing Date ^>-^» JpSo^> . \Q"TZ_ Fees ?a'\d
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Hearing Date Receipt No. /
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APPLICATION FOR APPROVAL OF TENTATIVE MAP
PROPOSED NAME OF SUBDIVISION Beach Colony, Carlsbad Tract 72-
GENERAL LOCATION West of Old Highway 101 and North of San Marcos Creek
at the present Southerly tip of the City of Carlsbad
TOTAL ACREAGE 4.2 NUMBER OF LOTS 2
MINIMUM LOT AREA (Sq.Ft.) 60,000 MINIMUM FRONTAGE 200'
TYPE OF SUBDIVISION (Res i dent i a 1 , Com '1 , Ind'l) Residential
PRESENT ZONE PC PROPOSED ZONE PC
NAMES OF NEW STREETS PROPOSED None
PRE-FILING CONFERENCE HELD (Date) February 22, 1972
REGISTERED CIVIL ENGINEER, ARCHITECT, OR SURVEYOR WHO PREPARED
MAP: Robert C. Ladwig L.S. 3189
TName) (Jitlel
Rick Engineering Co. , 509 Elm Avenue, Carlsbad, California 92008
THE FOLLOWING MODIFICATION TO THE ZONING OR SUBDIVISION REQUIRE-
MENTS ARE HEREBY REQUESTED: CGive reasons for modifications; attach
separate sheet if additional space Is required)
OWMER(S) OF PROPERTY signatures)
(Najae) r Oldress}
(Name) (Add res s
(Name) (Address)
SUBDIVHER (Signature)
.
(Note: This Application will be filed with 20 blueline prints and
and 1 browr}'ne transparency of the Tentative Map, prepared
according to the specifications of Ordinance Mo79050 and
amendments thereto, together with supplementary information
<"i n d f « e s as r e q u i r «; c! by s a i d o r < I i n ri n re.)
-1!| PLANNING COMMISSION RESOLUTION NO. 778i,
2J! A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION
i! RECOMMENDING APPROVAL OF A TENTATIVE MAP OF CARLSBAD
3|j TRACT 72-4 BEACH COLONY
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WHEREAS, the Carlsbad City Planning Commission did receive on
April 11, 1972, a Tentative Map, to be known as Carlsbad Tract 72-4
submitted by Beach Colony, c/o L. C. Guthrie, owner and subdivider,
on property located west of the Old Coast Highway 101 and southerly
of the South Carlsbad State Campground being:
Certain portions of fractional section 32,
section 33 Township 12 South, Range 4 West,
San Bernardino Base and Meridian in the City
of Carlsbad, County of San Diego, State of
California; more particularly described in
application and map on file in the City
Planning Office.
WHEREAS, the Planning Commission did consider the Tentative
j Map as submitted, comprised of 4 lots; and
19|i WHEREAS, the Planning Commission did take into consideration the
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reports of the various City agencies and utility companies;
NOW, THEREFORE, BE IT RESOLVED that the Tentative Map be approved
subject to the conditions as outlined in Planning Commission Resolu-
tion No. 779, Specific Plan.
AND FINALLY RESOLVED, that a copy of this resolution be
forwarded to the City Council of the City of Carlsbad for its
28 ij attention in the manner prescribed by law.
27j! PASSED, APPROVED AND ADOPTED at a regular meeting of the
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28ji Carlsbad City Planning Commission, held on the llth day of April,
29 j| 1972, by the following vote, to wit: ;ij
301! AYES: Commissioners Forman, Norman, Palmateer, Li ttle, Dewhurst t,
Jose, Dominguez31
I NOES: None !
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ABSENT: No one !
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, JR., Chairman
EDMOND W. MMIJTEUEZ<**S\:retar.
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RESOLUTION NO. 1994
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, APPROVING THE TENTATIVE
MAP OF CARLSBAD TRACT 72-4. BEACH COLONY
WHEREAS, the Planning Commission of the City of Carlsbad on
the llth day of April, 1972, recommended to the City Council that
the tentative map of Carlsbad Tract 72-4, Beach Colony, be approved
and
WHEREAS, the City Council of the City of Carlsbad on the
2nd day of May, 1972, considered the recommendation of the Plan-
ning Commission;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad that the City Council does hereby approve said
tentative map for Carlsbad Tract 72-4, comprised of 4 lots, sub-
ject to the following conditions being performed by the owner:
1. Detailed landscape and irrigation system plans of the
first phase of development shall be submitted to the Parks and
Recreation Department for approval prior to installation and prior
to the issuance of an occupancy permit.
. 2. Maintenance schedules delineating responsibilities for
the maintenance of said landscaping shall be incorporated and
21 subject to the approval by the Parks and Recreation Director as
22 an item within the Property Owners' Association Documents.
3. That the project shall be subject to the payment of
Parks in Lieu fees. The developer, by dedicating lots 2 and 4,
fulfills his obligation to the public for providing beach access.
The satisfactory arrangement of the Parks in Lieu fees shall be
entered into between the applicant and the Parks & Recreation
Director.
4. Those documents concerning the maintenance of common
areas and building exteriors shall be submitted subject to the
Planning Department approval prior to issuance of an occupancy
permit.
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5. That Exhibit "A" shall be adopted as the specific plan,
any deviation therefrom shall be subject to the approval by the
Planning Department.
6. That the architectural theme as shown in Exhibit "B"
shall be complied with; any deviation shall be subject to the
approval of the Planning Department.
7. That the location and type of all fire hydrants or other
fire fighting devices shall be subject to the approval of the City
of Carlsbad Fire Chief.
8. Any exterior wood materials used shall be treated with
a fire retardant material as specified by the uniform fire code
or as approved by the City of Carlsbad Fire Chief.
9. Sewer service shall be provided by the Leucadia County
Water District by agreement between City of Carlsbad and LCWD.
LCWD standards and specifications will be complied with.
10. Water service shall be provided by the Carlsbad Muni-
cipal Water District on an interim basis pending resolution of
City/District service area boundaries.
11. All utilities within the development shall be placed
underground and no overhead poles or lines shall be permitted.
12. A subdivision map shall be recorded for this parcel
in accordance with the State Subdivision Map act.
13. All land and/or easements necessary for the im-
plementation of this tentative map shall be dedicated to the City
of Carlsbad without cost to the City and free of all liens and
encumberances.
14. A grading plan and .soils report shall be submitted prior
to the issuance of a grading permit.
15. Applicant shall install public street improvements
along U.S. 101 frontage including C & G, sidewalks, underground
utilities, street trees, lights, base and asphalt paving to match
existing and any other improvements deemed necessary by the City
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Engineer in conformance with the Subdivision Ordinance and other
City standards without cost to the City of Carlsbad and free of
all liens and encumberances.
16. The proposed relocation of the State of California
Beach & Park access road through subject property shall be sub-
ject to the official approval of the State.
17. An easement for public beach access shall be dedicated
to the City of Carlsbad.
18. An emergency 12' access road shall be provided between
the north end of the proposed cul-de-sac and U.S. 101.
19. The cul-de-sac street shown between Carlsbad Boulevard
and the development may be a (private) street constructed in
accordance with City standards and vacation of public right-of-
way necessary for construction of private street shall be con-
tingent upon dedication to the public of an equivalent area of
beach frontage in addition to that shown on the tentative map.
If a public street is to be constructed, the street shall be built
to conform to City standards.
, BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to place a copy of this resolution in the usual course
of mail, addressed to the subdivider at his address as shown on
the tentative map.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 2nd day of May, 1972, by the
following vote, to wit:
AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
DAVID M. DUNNE, Mayor
ATTEST:
MARGARET E. ADAMS,City Clerk
(SEAL)
ENGINEERING COMPANY | K^SS!
509 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
TELEPHONE • AREA CODE 714 • 729-4987
RECEIVED
2 1 1973
Febn.ary20.1973 CITY OF CARLSBAD
Planning Department
City Planning Commission
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
RE: BEACH COLONY TRACT NO. 72-4 (TENTATIVE MAP & SPECIFIC
PLAN) TIME EXTENSION
Gentlemen:
On December 27, 1972, Mr. Bob Anderson sold the Beach Colony
Project to Mr. Bill Zongker (see attached notice of change of
ownership from Land Title, dated January 2, 1973) .
On behalf of Mr. Zongker, we hereby request a one year extension
of the above tentative map and specific plan.
The final plans for public improvements have been through one plan
check and are ready to resubmit to the Engineering Department for
final approval.
We need additional time to secure a permit from the Regional Costal
Commission.
Thank you for your consideration.
Sincerely,
Robert C . Ladwig "
RCL:fm
Attachment
cc: William L. Zongker
TUTLB
^—>/r^\/NSURANC£' COMPANY
V / . / / -r i ' ,"'•'-•" •" ,,Vy LJ I Liiji'yrrs \\\\e \m\urnr\cp, (i>rporolion
^ ^ ~7 RtCMMOND Vlnr.lNIA
. LAND TITLE BUILDING • 1330 FOURTH AVENUE
SAN OlEGO. CALIFORNIA 92112
• (714) 234-7192
January 2, 1973
Rick Engineering
509 Elm Avenue
Carlsbad, California 92008
RE: YOUR - BEACH COLONY
OUR - 280359-D
Gentlemen:
Please amend our Preliminary Report dated June 13, 1972
as follows:
1. Change the Vestee to:
William L. Zongker, a single man
2. Add:
A deed of trust dated December 26, 1972, to
secure an indebtedness of $479,000.00, recorded
December 27, 1972 as File/Page No. 343235.
Trustor: William L. Zongker, a single man.
Trustee: First American Title Insurance Company,
a corporation.
Beneficiary: Robert C. Anderson, a married man as
his sole and separate property; Arthur E. Anderson,
a married man as his sole and separate property, and
Grace A. Harris, a married woman as her sole and sep-
arate property. *
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Also, would it be possible to get the current status of
the above referenced Subdivision.
Sincerely,
JAMES J. RAFFERTY
Title Officer
JJR:cag
MEMBER; AMERICAN LAND TITLE ASSOCIATION . CALIFORNIA LAND TITLE ASSOCIATION A
COIMIIMMARK P.O.Box99l72«SanDiego,Calif.92109»274-2312
April 25, 1973
City Council
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California
Reference:Request for extension of filing tract map
72-4 - La Costa Beach Colony
Gentlemen:
"I have requested extension of final filing of this
tract map primarily due to the fact that the California
State Parks and Recreation Department has claimed a
large portion on the north part of my property. I am
currently in litagation with the State concerning this
matter. • . .
It is my understanding that the "City of Carlsbad cannot
legally take action on this matter due to the fact that
your information is incomplete. It is my understanding
that, therefore, no action can or will be taken until
such time as boundaries are fixed and environmental
impact statements can be prepared. With this under-
standing, I guarantee not to proceed on any work on
this site until an extension is granted.
Thank you for your consideration.
y yours,
William LY Zongker
President, Coninmark
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
VINCENT F. BIONDO JR.
CITY ATTORNEY
H.y 1.1973
Mr. W1111.. L. ZongkerPresident, Coninmark
P.O. Box 99172
San Diego, California 92109
Dear Mr. Zongker:
RECEIVED
MAY 1 1973
CITY OF CARLSBAD
Planning Department
Your letter of April 25, 1973, to the City Council
of the City of Carlsbad has been referred to my office by
the City Manager for comment. It seems to me to be appropriate
to insure that we have a mutual understanding regarding your
project. Municipal Code Section 20.16.010 provides that the
subdivider has a period of one year from the date of the
approval of a tentative map in which to record the final map.
If the final map is not recorded within that one year period,
the tentative map is deemed abandoned. The section also
provides that the City Council may grant a single extension
of time for a period not to exceed one year. Apparently,
you have applied for such an extension.
An extension of a tentative map is a discretionary
permit and as such is subject to the terms of the City of
Carlsbad Environmental Protection Ordinance of 1972. That
ordinance requires us to evaluate the environmental effects
of a project prior to passing on the merits of the requested
approval. I understand that it will not be possible for your
organization to complete the environmental requirements prior
to the expiration of your tentative map. However, it is the
City's position that as long as the developer has applied for
an extension in a timely manner and processes it within a
reasonable period of time, that the expiration period is
tolled and the Council still may, if it wishes, grant the
extension. Notwithstanding the tolling of the period, the -
total period of time the tentative map may remain outstanding
is two years. Assuming your request for an extension is
granted, the outside limits of that extension, I believe,
are sometime in May, 1974.
There is one point in your letter which was
somewhat confusing to me and that relates to the litigation
currently affecting your property. The facts of that litigation
should not prevent you from going forward with the processing
\
Mr. Wi11iam L. Zongker
Page Two
May 1 , 1973
of your extension request. I would assume the environmental
information could be presented in the alternative if there
is some doubt about the property resulting from the litigation
It is my understanding that Coninmark will actively
proceed to process their request for an extension. It is
also my understanding that during the time of this processing,
you will not proceed with any work on the site until the
Council passes on your request.
We would appreciate receiving a short acknowledgment
from you regarding your understanding of this matter. Thank
you for your cooperation.
Very truly yours ,
/ /
-t-'^ '^Ic-VI•WC'E'Nf Y7 "B IOND'O , J
City Attorney
VFB,Jr/mem