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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. . . • . .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. -2- 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. * 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 2 •z0| 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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: 3;iii!4 5 6 7 8 j 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 5. 6. -^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: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AYES: Commissioners Forman, Casler, Wrench, Palmateer, Little and Jose NOES: None ABSTAIN: Commissioner Dominguez ATTEST: E.W. DOMINGUEZ, Chairman DONALD A. AGATEP, Secretary Q<03 LL ^ - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~ ^_ UJ ^iii< is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. . •». Vi>-- ^,« 9 CN& Si ••A,O O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15tr fill 16 !s3i "^_ lu O *~ ' i 8 D in- CN < -1-0 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 2. 6 7 8 9 10 11 12 13 14 tn 00i § 15 < en 16 17 O u. t" ~ z " 8 d T_DLU •£ <N <f J-vJ1 U « - coZ O to 5E 5 19 > °CIT20 21 22 23 24 25 26 27 28 29 30 31 32 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.