HomeMy WebLinkAbout1973-12-04; City Council; 2223; Buena Place and Buena Vista 15 unit Condominiumsr ^7 A — ^ S
,- ' ' THEQITY OF CARLSBAD, CALIFOI^A / ' ' .
'Agenda Bill Mo. £&&3- - .- Date Jfetott/M/4J9&l" ~' " ""- "" ""
Referred .To: CITY COUNCIL - ...
Subject: TENTATIVE MAP - Request for approval of a tentative Submitted By:
map (CT 73-50) for development of a '15 unit condominium unit on PLANNING
one acre of land generally located on"the west side of Jefferson • COMMISSION
between Buena Place and Buena Vista. APPLICANT: JOHN MCKEAND.
" Statement of the Hatter -
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' At their regular meeting of November 13, 1973, the Planning Commission did hear a
request for approval .of a Tentative Map (CT 73-50) which would allow the-development
of 15 condominium -units on one acre .of land,- said land generally located on the west
side of Jefferson between Buena Place and Buena Vista, application filed by
JOHN MCKEAND, .. ' . " '
'After discussion by the Planning Commission and Applicant's representative, the
Commission did adopt a Resolution approving the Tentative Map (CT 73-50, subject
to the conditions as shown thereon. Condition #12 on the Staff Report was deleted
and a new condition was added regarding trees. These modifications are reflected
on Resolution No. 990 adopting this Tentative Map.
Exhibit
1. Certification of Ownership
2. Staff Report dated Nov. 13, 1973
3. Applicant's,exhibit (map)
4. Planning .Commission Resolution No^§90^ approving Tentative Map.
5. City Council Resolution No.
Staff Recommendations to the City Manager
Staff recommends approval per conditions shown in attached Resolution No. 990
te: w December A, 1973
City Manager's Recommendation
CONCUR
Council'Action ' , •
12-4-73. -This matter was continued to December 18, 1973.
12-18-73 Resolution #3284 was adopted," wi th. the deletio'n of condition #2
being deleted and Condition #4 being, modi-fled.
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EXECUTED AT
DATE
(City)
OWNER AND/OR OWNER'S AUTHORIZED AGENT:
(State)
Harry L. Truax
int Name)
x (Signature)
2656 State Street
(Mailing Address)
Carlsbad, Calif.
(City and State)
(Area Code) 714- 729-8981
(Telephone Number)
SUBSCRIBED AND SWORN TO BEFORE ME THIS
C_^
(Notary Public)
/DAY OF
StS-g^ OFFICIAL SEAL • I
f-/^4^ Virginia M. Smith ;1
|. fe*-' *:'•:: -V>. NOTA.i* PJBLIC - o»ufOi.[ii*
^ \ff.^" '" P3l-if:ir'« OFHCE IN
^ ^'- SAN DIEGO'COUNTY | ;
[^ MY COMMISSION L-Vla.S MAY 9, 1977
,197f.
COPY
CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT
NOVEMBER 13, 1973
TO: PLANNING COMMISSION
REPORT ON: CONSIDERATION OF TENTATIVE MAP
CASE NO. CARLSBAD TRACT NO. 73-50
APPLICANT: HARRY L. TRUAX
2656 State Street
Carlsbad, California, 92008
I. GENERAL INFORMATION:
A- Request: The applicant is requesting approval of a tentative map
which would allow the development of 15 condominium units on one (1) acre^
of land generally located on the west side of Jefferson between Buena Place
and Buena Vista, further described as Assessor's Parcel 155-170-33.
B. Zoning and General Plan
1. Zoning: Existing: R-3 -
Proposed: R-3
Adjacent: North, South, East - R-3
West - R-1-10.
2. General Plan: The City of Carlsbad General Plan designates
this property as medium density residential (22.47 d.u./acre). The applicant
proposes a density of 15 units per acre.
C. Environmental Impact Consideration:
The applicant has submitted an Environmental Impact Assessment per
City requirement and the Planning Director has declared that the development
will have a "Non-Significant" impact on the environment.
It should be noted that because of the property's proximity to
the Buena Vista Lagoon, it is within the Coastal Z-one (as defined by the
California Coastal Initiative) and as such will be reviewed by the Regional
Coastal Commission.
II. CONSIDERATION OF TENTATIVE MAP NO. CT 73-50
A. Description of Project: The tentative map proposes to construct the
second pfiase of a condominium project already constructed on the Adjacent lot
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(assessor's Parcel 155-170-34 - CT 72-10). Access to the proposed develop-
ment will be through a driveway on the adjacent property. In addition, a
recreation building and nineteen of the proposed parking spaces will be
shared with the existing condominiums.
An existing house and shed on the property will be removed.
B. Parks Requirement: It is recommended that the Park-In-Lieu fees
be required for this development. Justification is based on:
1. The adopted General Plan does not provide for a park site at
this location.
2. The parks ordinance requires fees for subdivisions with less
than fifty (50) lots.
C. Staff Recommendations: " -Staff recommends that it be moved that the
Planning Commission recommend to. the City Council that CT 73-50 BE APPROVED.
Justification is based upon conformance with the General Plan, all municipal
ordinances and the STate of California Map Act.
D. CONDITIONS OF APPROVAL:
1. 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.
2. 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. ' - -
3. 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. • •
4. Park-In-Lieu fees shall be granted to the City prior to approval
of the Final Map. • •
5. Prior to consideration of this matter by the City Council, the
applicant shall submit written evidence of adequacy of schools for the
proposed development, to the Planning Department.
6. 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.
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7. 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.
8. All drainage and grading plans shall be approved by the City
Engineer.
9. All utilities, including provisions for cable TV, shall be
placed underground and/or shall be completely concealed from view.
10. The developer shall be required to participate in the construction
of off-site traffic circulation improvements as required by Council
policy in effect at the time of recordation of the Final Map.
11. An irrevocable reciprocal easement shall be executed by the owners
of CT 72-10 in favor of the owners of CT 73-50 regarding the joint use
of the existing driveway on CT 72-10. Driveway shall be a minimum of
24 ft. clear width.
12. The developer shall dedicate the westerly 25 ft. of the subject
property to the City of Carlsbad for public open space purposes.
13. The Final Map shall show all existing and proposed easements.
ATTACHMENTS: Letters from:
1. County of San Diego Health Department
2. Fire Department
WHITE HIT —IDOflTT S&Y IT INTER-DEPARTMENT MEMORANDUM
TO PLANNING DEPT.
FROM: FIRE DEPT.
SUBJECT: CT-73-50 John McKeand
DATE 11-1-7.3 19
A.M.
P. M.
On site fire hydrants will be required by the Fire Department in service
prior to framing.
REPLY ON THIS SHEET FROM A. Wolenchuk, B/C
'• -Fire Marshal
WILMES. .-SIIWICI-U.HE 11-24
W PLANNING COMMISSION RESOLUVwN NO.990
•i A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS
P AND RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A
TENTATIVE MAP (CT 73-50] TO ALLOW DEVELOPMENT OF A
3 15 UNIT CONDOMINIUM UNIT ON ONE (1) ACRE OF LAND,
GENERALLY LOCATED ON THE WEST SIDE OF JEFFERSON
4 BETWEEN BUENA PLACE AND BUENA VISTA.
APPLICANT: JOHN MCKEAND
5 ~'"~~
6 WHEREAS, the Planning Commission of the City of Carlsbad did receive
7 a verified application from JOHN MCKEAND, requesting approval of a Tentative
8 Map (CT 73-50) to allow the development of a 15 unit condominium unit on one
9 acre of land, said land generally located on the west side of Jefferson
10 between Buena Place and Buena Vista, and more particularly described as
11 follows:
12 A portion of'Section 1, T.12 S., R-5-W, S.B.B. & M, in the
City of Carlsbad, County of San Diego, State of California.
J.O
14 WHEREAS, said application has complied with the requirements of the
15 "City of Carlsbad Environmental Protection Ordinance of 1972", and has been
16 declared to have a Non-Significant impact on the environment, and;
17 WHEREAS, the Planning Commission did find that the subject tentative
18 map does substantially comply with the City of Carlsbad Subdivision Regulations
19 and the State of California Subdivision Map Act; and,
20 WHEREAS, the Planning Commission does find that the provisions for
21 design and improvements of this tentative map are consistent with the General
22 Plan of the City of Carlsbad, and;
23 WHEREAS, the Planning Commission is recommending park-in-lieu fees for
24 the following reason:
The Carlsbad Municipal Code requires fees to be paid on
25 subdivisions with less than 50 lots.
26 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
27 City of Carlsbad, that it does hereby recommend approval to the City Council
28 of the City of Carlsbad, of the herein described Tentative Map (CT 73-50)
29 subject to the fulfillment of the following conditions:
30 XX
31 XX
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1. 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.
2. 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.
3. 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. %,
4. Park-In-Lieu fees shall be granted to the City prior to
approval of the Final Map. Said fee shall be used to purchase
the westerly 25 feet of subject property.
''5. Prior to consideration of this matter by the City Council,
the applicant shall submit written evidence of adequacy of
schools for the proposed development, to the Planning Department.
6. 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
7. 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 i
the respective service districts.
8. All drainage and grading plans shall be approved by the City
Engineer.
9. All .utilities, including provisions for cable TV, shall be
placed underground and/or shall be completely concealed from view.
10. The developer shall be required to participate in the con-
struction of off-site traffic circulation improvements as re-
quired by Council Policy in effect at the time of recordation of
the Final Map.
11. • An irrevocable reciprocal easement shall be executed by the
owners of CT 72-10 in favor of the owners of CT 73-50 regarding
the joint use of the existing driveway on CT 72-10. If not
properly protected by the C.C.&R's, the driveway shall be a
minimum of 24 ft. clear width.
12. The Final Map shall show all existing and proposed easements.
13. Street trees, when required by the City, shall be installed
by the applicant at his expense. Treesshall be of a type
approved by the Parks Dept. and shall be installed to their
specifications. If removal of any existing trees is required
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by the City, said removal shall be at the. applicants' expense.
It shall be the responsibility of the applicant to make all
arrangements with the Parks Department concerning the require-
ments of this condition.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City of
Carlsbad Planning Commission held on the 13th day of November; 1973, by
the following vote, to wit:
AYES: Commissioners Dominguez, Jose, Forman, Casler, Wrench, Palmateer &
Little
NOES: None
ABSENT: None
E. W. DOMINGUEZ,
Chairman
ATTEST:
DONALD A. AGATEP,
Secretary
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RESOLUTION NO. 3284
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING WITH
CONDITIONS TENTATIVE RAP (CT 73-50), A 15-UNIT
CONDOMINIUM ON ONE (1) ACRE OF LAND, GENERALLY
LOCATED ON THE WEST SIDE OF JEFFERSON STREET
BETWEEN BUENA PLACE AND BUENA VISTA.
APPLICANT: JOHN McKEAND
WHEREAS, on the ,13th day of November, 1973, the Carlsbad
City Planning Commission adopted Resolution No. 990, recommending
to the City Council that Tentative Map (CT 73-50) be conditionally
approved; and
WHEREAS, the City Council of the City of Carlsbad, on the
18th day of December, 1973, considered the recommendation of the
Planning Commission; and
WHEREAS, said Tentative Map has complied with the require-
ments of the City of Carlsbad "Environmental Protection Ordinance
of 1972" and has been declared to have a nonsignificant impact
on the environment.
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 (73-50) is hereby approved, subject
to the execution and/or fulfillment of the following conditions:
1. 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 char-
acteristics of the adjacent properties.
2. 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.
3. Park-in-lieu fees shall be granted to the City
prior to approval of the Final Map. The City accepts
the offer of the property owner to give the City an
option to purchase the westerly 25 feet of the subject
property for the amount of said fees.
4. The applicant is encouraged to work with the
School District to insure that adequate schools will
be available when needed.
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5. In order to provide for reasonable fire protec-
tion during the construction period, the subdividar 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.
6. All public improvements shall be made in conformit}
to the City of Carlsbad Engineering Design Criteria
and Standard Plans and 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.
7. All drainage and grading plans shall be approved
by the City Engineer.
8. All utilities, including provisions for cable TV,
shall be placed underground and/or concealed completely
from view.
9. The developer shall be required to participate in
the construction of off-site traffic circulation
improvements as required by Council Policy in effect
at the time of reeordation of the Final Map.
10. An irrevocable reciprocal easement shall be
executed by the owners of CT 72-10 in favor of the
owners of CT 73-50 regarding the joint use of the
existing driveway on CT 72-10. If not properly pro-
tected by the C.C.& R.'s, the driveway shall be a
minimum of 24 feet clear width.
11. The Final Map shall show all existing and pro-
posed easements.
12. Street trees, when required by the City, shall be
installed by the applicant at his expense. Trees shall
be of a type approved by the Parks Department and shall
be installed to their specifications. If removal of
any existing trees is required by the City, said
removal shall be at the applicants' expense. It shall
be the responsibility of the applicant to make all
arrangements with the Parks Department concerning the
requirements of this condition.
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
2.
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Carlsbad City Council held on the 18th day of December, 1973, by
the following vote, to wit:
AYES: Counci linen Dunne, Me Comas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
AVID M. DUNNE, Mayor
ATTEST:
MARGMIE^E. ADAMS/City Clerk
(/
(SEAL)
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