HomeMy WebLinkAbout1973-09-04; City Council; 2125; Consideration of a tentative mapTHE CITY OF CARLSBAD, CALIFORNIA
Agenda Bill MO. *L/*L5~' Date. SePt. V, 1973
Referred Jo: City Council
Subject- Consideration of a Tentative Map, • Submitted By:
CT 77-38, for a 51 -uni t. co-ndomi nium complex .in '
i the RD-M zone district located easterly of and .Planning Commission
( adjacent to Carlsbad Blvd. between Tamarack Ave. .
/ and Sequoia Ave. to be known as "Seaview".
APPLICANT: F . ;J . " BEAR FOR SEA"V I EW CONDOM I N I UMS
• '^Statement or the Matter
• The Planning Commission considered the subject Tentative Map, CT 72-38
at their regular meeting on August 14, 1973. The Tentative Map was
"approved unanimously by Planning Commission Resolution No. 937.
Exhibit
1 - Staff Repert, dated August 14, 1973
2 - Resolution No. 937 of the Planning Commission '•
3 - AppTicants Exhibit
k - City Council Resolution No.
5 - Owner's Affadavit
Staff Recommendations to the City Manager • . '
Staff recommendations are more fully outlined in the attached staff report,
AB'NO. ' " Date: September 4, 1973
City Manager's Recommendation . • '
This matter is for a tentative map for a" 51- .unit condominium complex
• in the RD-M zone district located easterly of and adjacent -to •
Carlsbad Blvd. between-Tamarack Ave.. and Sequoia Ave. to be known
as "Seaview". The Planning Commission approved^the recommendations
of the staff and fhe City Manager concurs" with the recommendations
' of -the staff. . .
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.The staff recommended dedication of 4'2' 'of right of way oh the.
southerly side of Tamarack Avenue, however, it is expected that
at the' Council _Meeting, the applicant will ask' for_ some -relief
from this condition. ' It .is 'understood that he will offer 21'
instead of 42'.
Council'Action• . . .
9-4-73 Resolution #3209 was. adopted, approving the tentative map for a 51-uni
Condominium, Carlsbad Tract 72-38, known as "Seaview".
Further the Council, directed the staff' to proceed with the direct
alignment of Tamarack Avenue.
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CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT FOR
AUGUST 14; 1973
TO: PLANNING COMMISSION
REPORT ON: CONSIDERATION OF TENTATIVE MAP
'CASE NO: CT 72-38
APPLICANT: F. J. BEAR FOR SEAVIEW CONDOMINIUMS
P.O.Box 7464
San Diego, California, 92107
BACKGROUND: An E.I.R. and Change of Zone were considered and approved by
the Planning Commission on July 24, 1973. This item was continued to permit
the staff time to prepare the conditions of approval.
The subject property, being lots 1,2, and 18, Block I, and portions of
Lots 1-6 and Lots 19 & 20, Block H, Map of Palisades, consisting of two
separate parcels, one located easterly of and adjacent to Carlsbad Blvd. between
Tamarack Avenue and Sequoia Avenue, and the second at the southeast corner of the
intersection of Seaview Avenue and Carlsbad Blvd. The first parcel has a
frontage on Carlsbad Blvd. of 250 ft. and contains a gross area of 0.93 acres.
The second parcel has a frontage on Carlsbad Blvd. of approximately 100 ft. and
contains a gross area of approximately 0.31 acres. Thus, the total gross area
is 1.24 acres.
With the required 42 ft. dedication along Tamarack Avenue and the required
5 ft. dedication on each side of Sequoia Avenue, the total net area of the
subject property would be approximately 1.03 acres.
REQUEST^ That the Planning Commission recommend to the City Council that a
Tentative Map for a 51 unit condominium complex be approved on property located
in the RD-M zone district.
The applicant is indicating on the tentative map that certain portions of
Carlsbad Blvd. be abandoned. At present, the staff can find no justification
for such an abandonment, particularly since the City has indicated that the present
unused portions of Carlsbad Blvd. would be utilized for recreation purposes. In
addition, the applicant is also indicating on the tentative map that an additional
21 ft. of right-of-way is to be dedicated along Tamarack Avenue. The present
right-of-way is 60 ft. The ultimate right-of-way is to be 102 ft. Based upon
Seaview
Page two.
studies conducted by the Engineering'Dept., the total additional right-of-
way on Tamarack Avenue between Carlsbad Blvd. and the railroad right-of-way
to the east is to be taken along the south side of Tamarack Avenue. Therefore,
in terms of street widths, the tentative map is not in conformance with the
staff recommendations.
ZONING AND GENERAL PLAN
Existing - RD-M (pending)
Adjacent: North - C-l & R-3
South - R-3 .
East - RD-M, R-3, R-2
West - L-C (Limited Control)
2- General Plan: The Land Use Amendment No. 1 to the adopted General Plan
indicates the subject property to be potential medium density residential with
from 0-50 dwelling units per net acre. Based upon a net acreage of 1.03 acres,
the proposed density is 50 d.u./net acre.
STAFF RECOMMENDATION: When this matter was considered by the Planning Commission
on July 24, 1973, the Planning Commission did continue this item to permit staff
time to prepare recommended conditions of approval. After further review, staff
believes that, other than simply denying the tentative map as required due to
non-conformance of proposed street widths, the following two alternatives do
exist for the Planning Commission:
a. Ignore the recommendations of staff as to street widths and approve
the tentative map as submitted.
b. Accept the staff's recommendations regarding street widths and approve
the tentative map with the required streets being presented as a part
of a revised map.
It is recommended that alternative "b" BE FOLLOWED: Justification is
based upon:
1. The revised map would conform to all the elements of the adopted
General Plan.
2. The revised map would conform to the State Map Act.
3. The revised map would conform to the Municipal Code.
Regarding the parks requirement, it is recommended that the Planning Commission
request that any approval by the City Council shall include the requirement of
park fees rather than requiring land dedication. Justification is based upon:
1. The size and shape of the subject parcel does not make it
conducive to land dedication.'
2. The adopted General Plan does not indicate the subject parcel
as being appropriate as a park use.
Seaview
Page 3.
CONDITIONS OF APPROVAL: Based upon the' Staff's recommendation, any approval
should be subject to the following conditions:
«
1. Prior to preparation of the Final Map, an amended tentative map shall
be submitted to the City Engineer showing the following:
a. dedication and improvement for the full length of the subject
property along Tamarack Avenue of 42 ft. of additional right-of-
way.
b. Deletion of any abandonment of any portion of the existing
right-of-way along Carlsbad Blvd.
c. Dedication and improvement for the full length of the subject
property of 5 ft. of additional right-of-way on each side of
Sequoia Avenue.
2. The development of the property described herein shall be subject
to the restrictions and limitations set forth herein which are in
addition to all the requirements, limitations and restrictions of all
municipal ordinances and State and Federal statutes now in force, or which,
hereafter, may be in force for the purpose of preserving the residential
characteristics of adjacent properties.
3. Prior to consideration of the Final Map and Improvement Plans, a grading
and plot plan of the tract with all proposed dwelling units located thereon,
and showing appropriate setback dimensions, shall be submitted to the
Planning Department for approval to insure that adequate area requirements
can be met.
4. The C.C. & R's for this development shall be submitted to the Planning
Director for review and approval prior to the issuance of any building
permits.
5. Park-in-Lieu fees shall be granted to the City prior to recording the
Final Map.
6. The Developer shall enter into a mutually acceptable agreement with
the Carlsbad Union School District to provide for future school requirements
that will result from the proposed development.
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7. In order to provide for reasonable fire protection during the construction
period, the subdivider shall maintain passable vehicular access to all
buildings and adequate fire hydrants with required fire flows shall be
installed as recommended by the Fire Department.
8. All public improvements shall be made in conformity to the City of
Carlsbad Engineering Design Criteria and Standard Plans, the Subdivision
Ordinance and other City standards, to the satisfaction of the City Engineer
without cost to the City of Carlsbad, and free of all liens and encumbrances.
Improvement plans for water and sewer system shall meet the requirements of
the respective service districts.
9. All utilities, including provisions for cable TV shall be placed
underground and/or shall be completely concealed from view.
Seaview
Page 4.
10. All land and/or easements required by this Ordinance shall be granted
to the City of Carlsbad without cost to the City, and free of all liens
and encumbrances.
,'ftULA. WILLIAMS,
Associate Planner
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RESOLUTION NO. 937
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS
FINDINGS AND RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF A TENTATIVE MAP (CT 72-38)TQ ALLOW
A 51-UMIT CONDOMINIUM DEVELOPMENT'ON PROPERTY
GENERALLY LOCATED EASTERLY OF AND ADJACENT TO
CARLSBAD BOULEVARD BETWEEN TAMARACK AVENUE AND
SEQUOIA AVENUE TO BE KNOWN AS "SEAVIEM"
WHEREAS, the Planning Commission of the City of Carlsbad,
California, did receive a verified application from f.J. AMD
SUZANNE BEAR, requesting approval of a Tentative Map (CT 72-38)
to allow for the development of a 51-unit condominium subdivision
on property generally located easterly of and adjacent to Carlsbad
Boulevard, and more particularly described as:
All those portions of Lots 1 through 6 inclusive,
Lot 19 and and 20, Block H, Lot 1 and Lot 2, Block
I, Palisades, according to Map thereof No. 1747 on
file in the Office of the County Recorder, City
of Carlsbad, County of San Diego, State of California.
WHEREAS, the Planning Commission did consider the Final En-
vironmental Impact Report for this project at a previous meeting
and approved same, and:
WHEREAS, at the regular meeting held on the 14th day of August
1973, the PIanning Commission 'did find that the subject Tentative
Map does substantially .comply with the City of Carlsbad Subdivision
Regulations and; the State of California Subdivision Map Act; and,
WHEREAS, the Planning Commission does find that the Provisions
for Design and Improvements of this Tentative Map are consistent
with the General Plan of the City of Carlsbad;
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Carlsbad that it does hereby recommend approval to the
City Council of the City of Carlsbad, of the herein described
Tentative Map (CT 72-38), subject to the fulfillment of the
following conditions:
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1. Prior to preparation of the Final Map, an amended tentative
map shall be submitted to the City Engineer showing the
fol1owi ng:
a. Dedication and improvement for the full length of the
subject property along Tamarack Avenue of 42 ft. of
additional right-of-way.
b. Deletion of any abandonment of any portion of the
existing right-of-way along Carlsbad Blvd.
c. Dedication and improvement for the full length of
the subject property of 5 ft. of additional right-
of-way on each side of Sequoia Avenue.
2. The development of the property described herein shall be sub-
ject to the restrictions and limitations set forth herein whic
are in addition to all the requirements, limitations and re-
strictions of all municipal ordinances and State and Federal
statutes now in force, or which, hereafter, may be in force fo
the purpose of preserving the residential characteristics of
adjacent properties.
3. Prior to consideration of the Final Map and Improvement Plans,
a grading and plot plan of the tract with all proposed dwellin
units located thereon, and showing appropriate setback dimen-
sions, shall be submitted to the Planning Department for ap-
proval to insure that adequate area requirements can be met.
The C.C. & R's for this development shall be submitted to the
Planning Director for review and approval prior to the issuanc
of any building permits.
Park-in-lieu fees shall be granted to the City prior to record
ing the Final Map.
The Developer shall enter into a mutually acceptable agreement
with the Carlsbad Union School District to provide for future
school requirements that will result from the proposed develop
ment.
7. In order to provide for reasonable fire protection during the
construction period, the subdivider shall maintain passable
vehicular access to all buildings and adequate fire hydrants
with required fire flows shall be installed as recommended by
the fire department.
8. All public improvements shall be made in conformity to the Cit
of Carlsbad Engineering Design Criteria and Standard Plans,
the Subdivision Ordinance and other City standards, to the
satisfaction of the City Engineer without cost to the City of
Carlsbad, and free of all liens and encumbrances. Improvement
plans for water and sewer system shall meet the requirements
of the respective service districts.
9. All utilities, including provisions for cable TV shall be
placed underground and/or shall be completely concealed from
view.
10. All land and/or easements required by this Ordinance shall be
granted to the City of Carlsbad without cost to the City, and
free of all liens and encumbrances.
4.
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-^V^*'-*"—'*&*• ->:**<&-—i. .--*•
( 3 )
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
5] August 14, 1973, by the following vote, to wit:
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AYES: Commissioners Forman, Casler, Wrench, Palmateer,
Little and Jose
NOES: None
ABSTAIN: Commissioner Dominguez
ATTEST:
E.W. DOMINGUEZ, Chairman
DONALD A. AGATEP, Secretary
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ie^§5£ 5
>- CJ
Ho
RESOLUTION NO. 3209
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
TENTATIVE MAP (CT 72-38), A 51-UNIT
CONDOMINIUM DEVELOPMENT ON PROPERTY GENERALLY
LOCATED EASTERLY OF AND ADJACENT TO CARSLBAD
BOULEVARD BETWEEN TAMARACK AVENUE AND
SEQUOIA AVENUE TO BE KNOWN AS "SEAVIEM".
WHEREAS, on the 14th day of August, 1973, the Carlsbad
City Planning Commission adopted Resolution No. 937, recommending
to the City Council that Tentative Map (CT 72-38) be conditionally
approved; and
WHEREAS, the City Council of the City of Carlsbad, on the
4th day of September , 1973, considered the
recommendation of the Planning Commission; and
WHEREAS, said application has complied with the requirements
of the "City of Carlsbad Environmental Protection Ordinance
of 1972" and an Environmental Impact Report was presented and
discussed at a duly noticed public hearing held by the Planning
Commission and the City Council and was approved as presented;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, as follows:
A. That the above recitations are true and correct.
B. That Tentative Map (CT 72-38) is hereby approved,
subject to the execution and/or fulfillment of the following
conditions:
1. Prior to preparation of the Final Map,
an amended tentative map shall be
submitted to the City Engineer showing
the following:
a. Dedication and improvement for the
full length of the subject property
along Tamarack Avenue of 42 ft. of
additional right-of-way.
b. Deletion of any abandonment of any
portion of the existing right-of-way
along Carlsbad Blvd.
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c. Dedication and improvement for the
full length of the subject property
of 5 ft. of additional right-of-way
on each side of Sequoia Avenue.
The development of the property described
herein shall be subject to the restrictions
and limitations set forth herein which are
in addition to all the requirements,
limitations and restrictions of all
municipal ordinances and State and Federal
statutes now in force, or which, hereafter,
for the purpose of preserving
characteristics of adjacent
may be in force
the residential
properties.
3. Prior to consideration of the Final Map and
Improvement Plans, a grading and plot plan
of the tract with all proposed dwelling
units located thereon, and showing appropriate
setback dimensions, shall be submitted to the
Planning Department for approval to insure
that adequate area requirements can be met.
4. The C.C. & R's for this development shall
be submitted to the Planning Director for
review and approval prior to the issuance
of any building permits.
5. Park-in-lieu fees shall be granted to the
City prior to recording the Final Map.
6. The Developer is encouraged to work with
the Carlsbad Union School District to
provide for future school requirements
that will result from the proposed development.
7. In order to provide for reasonable fire
protection during the construction period,
the subdivider shall maintain passable
vehicular access to all buildings and
adequate fire hydrants with required fire
flows shall be installed as recommended by
the fire department.
8. All public improvements shall be made in
conformity to the City of Carlsbad Engineering
Design Criteria and Standard Plans, the
Subdivision Ordinance and other City standards,
to the satisfaction of the City Engineer
without cost to the City of Carlsbad, and
free of all liens and encumbrances. Improve-
ment plans for water and
meet the requirements of
service districts.
sewer system shall
the respective
All utilities, including provisions for cable
TV shall be placed underground and/or shall
be completely concealed from view.
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10. All land and/or easements required by this
Ordinance shall be granted to the City of
Carlsbad without cost to the City, and free
of all liens and encumbrances.
C. That said Tentative Map together with the provisions
for its design and improvement and subject to the above
conditions, is consistent with all applicable general and
specific plans of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council held on the 4th day of September
1973, by the following vote, to wit:
AYES: Councilmen Dunne, McComas, Lewis, Chase and McComas
NOES: None.
ABSENT: None.
DAVID M. DUNNE, Mayor
ATTEST:
MAR^ARKr E. ADAMS, OH ty Clerk
(seal)
r! FOR APPROVAL 7£>\
•3. The method of sewage disposal is existing City of Carlsbad sewer mains.
4. Proposed storm water sewer or other means of drainage (grade & size)
No new storm drains are proposed
5. Protective covenants to be recorded
6. Proposed tree planting Per citY of Carlsbad Standard Specifications
1, Proposed grading plan (when required) Proposed grading shown on
Tentative Map.
The adopted general plan of the City of Carlsbad recognizes the property
described in this application for Residential '
(Residential, Commercial, Industrial, t'tc.y
use of land.
AFFIDAVIT
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CARLSBAD }
I, F. James Bear , being duly sworn'
depose and declare to the best of my
(my, our)
going is true and correct under the penalty of purjury:
knowledge that the fore-
•3
ruR APFRUVAL~TEN>.V"."'/E TRACT MAP
EXECUTED AT Carlsbad, California
(Statef
DATE March 22, 1973- '•'..':...' V ...'••
OWNER AND/OR OWNER'S AUTHORIZED AGENT:
F. James Bear
Name)
(Signature)
P. O. Box 7464
(Mailing Address)
San Diego, California 92107
(City and State)
(Area Code) (714) 232-2282
(Telephone Number) '.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
(Notary Public)
DAY OF
OFFICIAL SEAL f
STELLA M. DURHAM |
NOTARY PUBLIC-CALI'FORNIA |
SAN DIEGO COUNTY
• MyCommissionExpiresSepE.6,1974
3977 Goi/er-or Or.. San Oisgo, Calif.