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HomeMy WebLinkAbout1973-12-04; City Council; 2224; Hemlock and Juniper Street 9 Condominium UnitsTHfOlTY °F CARLSPAD» Agenda Bill MO. og^o^- . . Date MuA»Jj*J V. /?2$ ' ~ . Referred .To: « * Subject: TENTATIVE MAP: Request .for approval of a Tentative Submitted By: Map (CT 73-46) to allow the -development of 9: condominium units * ' on> land generally located on the east" side of Carlsbad Blvd. between- PLANNING • Hemlock and Juniper Streets. APPLICANT: CHARLES P. BLUTH. . COMMISSION " Statement of the Matter . . . ^ ; • At the regular meeting of the Planning Commission held on November 13, 1973, the Commission did hear the request for approval of a tentative map to allow-for the development of nine (9) condominium .units on .26 acres of land, generally located on the east side of Carlsbad Blvd. between Hemlock and Juniper Streets, by applicant CHARLES P. B,LUTH. .. ' . ' ' 'After discussion and listening to those wishing to speak, the Commission did adopt Resolution No. 989 approving said Tentative Map, subject to the conditions' stated therein. • . * , Exhibit 1. Certification of Ownership Z. Staff Report dated Nov. 13, 1973 ' "' 3. Applicant's.-exhibit (map) 4. Planning Commission Resolution No. 989 approving Tentative Map. 5. City Council Resolution No. *£•&$£ . . - Staff Recommendations to City Manager Staff recommends approval per conditions in attached resolution. ',110.Pate; N»* December 4, 1973 City Manager's Recommendation CONCUR i Council'Action " . " •~ • • '12-4-73. 'This matter was continued to December 38,'1973. * • "* * 12-18-73 Resolution #3285 was adopted, with condition #7,being mo-dified, -2- APRUCATrOH FOR APPROVAL TENTATQ TRACT MAP EXECUTED AT DATE . 1973 OWNER AND/OR OWNER'S AUTHORIZED AGENT: California (State} Harry L. Truax (Si^nat^ure) 2656 State Street (Mailing Address) Californiar(City and State) (Area Code) 714 -7?.Q-SRQi (Telephone Number^ SUBSCRIBED AND SWORN TO BEFORE ME THIS / *-?. DAY '^<J^& -^-V< •. '(..*J fj*_ Jit._(Notary Public) - OFFICIAL SEAL ^ cm. Virginia M. Smith i^ ' NOTA"Y P:-'8L|C - CAUfO:^.. i-., PRI'JCIr^l- OFFICF IN . . J -!- SAN DIEGO COUNTY !.] MY COMMISSION EXPIRES MAY 9, 1977 M -2^^SMiWtt!Eaf!!U BEST COPY CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT FOR NOVEMBER 13, 1973 ' TO: PLANNING COMMISSION . . REPORT ON: CONSIDERATION OF TENTATIVE MAP CASE NO: CARLSBAD TRACT NO. 73-46 APPLICANT: HARRY L. TRUAX 2656 State Street Carlsbad, California, 92008 I. GENERAL INFORMATION A. Request: The applicant is requesting approval of a tentative map to allow the development of nine (9) condominium units on .26 acres of land, generally located on the east side of Carlsbad Blvd. between Hemlock and Juniper Streets, further described as Lots' 4 and 5, Block "E", Map 1747, Map of Palisades in the City of Carlsbad. B. Zoning and General Plan: 1. Zoning: Existing: R-3 Proposed: R-3 Adjacent: North and South & East - R-3 West: L.C. 2- General Plan: The City of Carlsbad General Plan designation for this area is "Medium Density" residential (0-50 d.u./acre). The applicant proposes 35 dwelling units per acre. C. Environmental Impact Considerations: The applicant has submitted an Environmental Impact Assessment per City requirements and the Planning Director has declared that the development would have a "Non-Signif;icant" impact on* the environment. II. CONSIDERATION OF TENTATIVE MAP NO: CT 73-46 . A. Description of Project: The Tentative Map proposes to revert two existing R-3 lots in Carlsbad into one (1) condominium lot for redevelopment of 9 condominium units. An existing house on Lot 4 will be removed. B- Parks Requirement: It is recommended that Park-In-Lieu fees be paid for park dedication: Justification is based upon: 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. -2- C. Staff Recommendation: Staff recommends that it be moved that the Planning Commission recommend to the City Council that CT 73-46 BE APPROVED. Justification is based upon conformance of the Tentative Map to the General Plan, Municipal Codes 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 Stste 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. Park-In-Lieu fees shall be granted to the City prior to approval of the Final Map. 3. Prior to consideration of this matter by the City Council, the applicant shall provide to the Planning Department, written evidence that adequate schools will exist for the proposed development. 4. 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. 5. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the Sub- division 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. Applicant shall install full frontage improvements along Carlsbad Blvd. and Hemlock Avenue. 6. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. 7. 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. 8. The Subdivider shall dedicate to the public all rights of ingress and egress from lots abutting upon restricted access streets and roads over and across the lines of said lots abutting said streets and roads. This dedi- cation shall be so designated on the certificate sheet of the Final Map with the intent that the pwners of said lots will have no rights of access whatsoever to said streets and roads. The words "access rights dedicated be lettered along the road adja&ont to the lots affectedto the City" shall on the map proper. Carlsbad Boulevard shall in this instance. be considered to be a restricted access street 9. All proposed pads shall be graded to drain to existing public streets. ATTACHMENTS: Letter from: County Health Officer 2960 Pio Pico Drive* o Telephone: (714) 729-1181 €itp of Carfetmfc CARLSBAD. CALIFORNIA 92008 October 2.6, 1973 Mr. Donald A. Agatep Director of Planning City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Agatep: DECEIVED ' • OCT 3 0 1973 CITY OF CARLSBAD ' Planning Department Your request for our recommendations concerning the tentative map of the sub- division to be known as Tentative 1-Iap No. 73-^6 has been received and reviewed by this department. This subdivision would be acceptable to the Department of Public Health pro- vided : • - 1. All domestic water supplied to this subdivision comes from the Carlsbad ilunicipal Water District. 2. All buildings constructed in this subdivision are connected to the Carlsbad Public Sewer System. 3. The sewer and water lines are not laid in the same trench in any part of this subdivision. . h. Proper drainage is maintained throughout the subdivision so as to prevent ponding and/or storage of surface water.' . Thank you for giving \\s the opportunity to nal-ie reccjnnendations concerning the proposed subdivision. . • . Very truly yours, •Health OiTicor, City of Carlsbad cc: Federal Housing Aflr.ilnistration Veteran:; A(lT4inictrv.t::.on Dorr-irt.-.!^-;; of \lr.-i\ ^ni;-tc (:;uo. Ccc.) BEST COPY CARLSBAD UNIFIED SCHOOL DISTRICT 801 PINE AVENUE CARLSBAD, CALIFORNIA 92008 October 30, 1973 City of Carlsbad f},~ •••• 1200 Elm Avenue Carlsbad, California 92008 ^TV OF CA»> or,,,,..pt . ™'ll-oo>m Attention: Mr. Donald A. Agatep, Director of Planning r'ann/ng DepartnT -'•" Gentlemen: Reference:CT73-46 A 9-Unit Condominium The Governing Board of the school district at a meeting held on October 23, 1973 reviewed the information presented by your department on October 10, 1973 concerning the above reference real estate development to be located on the northeast corner of Carlsbad Boulevard and Hemlock Street. As a result of this review, it is estimated that there maybe from three to five school-age children residing in the development when it is completed. The district does not have facilities to provide for a single-session educational program for children who will be residing in this proposed development. In addition, the district does not have any funds to provide for facilities to house these children. To date, no agreement has been reached with the subdivider to provide financial assistance for school facilities which will be needed if and when these residences are constructed. It is requested that approval of this proposed residential development be withheld until a firm agreement is reached between the developer and the Governing Board of the district for provision of necessary school facilities. It will be greatly appreciated if copies of this letter are made available to members of the City Council and the Planning Commission. Sincerely yours,,/y HOWARD c. HARMON District Superintendent FHL:HCH:mh ADMINISTRATION 729-9291 PLANNING COMMISSION RESOLUTION NO. 989 1 2 3 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 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 73-46) TO ALLOW THE DEVELOPMENT OF NINE (9) CONDOMINIUM UNITS ON .26 ACRES OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BLVD. BETWEEN HEMLOCK AND JUNIPER STREETS. APPLICANT: CHARLES P. BLUTH WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from CHARLES P. BLUTH, requesting approval of a tentative map (CT 73-46) to allow the development of nine (9) condominium units on .26 acres of land generally located on the east side of Carlsbad Blvd. between Hemlock and Juniper Streets, and more particularly described as: Lots 4 and 5 of Block "E", Map 1747, Map of Palisades, in the City of Carlsbad, County of San Diego, State of California. WHEREAS, said application has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972", and has been declared to have a Non-Significant impact on the environment; and, WHEREAS, the Planning 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, and; WHEREAS, the Planning Commission is recommending park-in-lieu fees for the following reasons: 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. 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 73-46), subject to the fulfillment of the following conditions: XX 'XX c 1 2 3 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 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. Park-In-Lieu fees shall be granted to the City prior to approval of the Final Map. 3. Prior to consideration of this matter by the City Council, the applicant shall'provide to the Planning Department, written 'eVidence that adequate schools will exist for the proposed de- velopment. 4. 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. 5. 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, free of all liens and encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. Applicant shall replace all full frontage improvements along Carlsbad Blvd. and Hemlock Avenue, in a manner acceptable to the City Engineer. 6. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. 7. 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. 8. The Subdivider shall dedicate to the public all rights of ingress and egress from lots abutting upon restricted access streets and roads over and across the lines of said lots abutting said streets and roads. This dedication shall be so designated on the certificate sheet of the Final Map with the intent that the owners of said lots will have no rights of access whatsoever to said streets and roads. The words "access rights dedicated to the City" shall be lettered along the road adjacent to the lotsaffected on the map proper. Carlsbad Blvd. shall be considered to be a restricted access street in this instance. 9. All proposed pads shall be graded to drain to existing public streets, 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. -2- 1 2 3 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 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 Jose, Dominguez, Casler, Forman,. Palmateer, Wrench, and Little. NOES: None ABSENT: None E. U. DOMINGUEZ, Chairman ATTEST: DONALD A. AGATEP, Secretary -3- IllII RESOLUTION NO. -3285 2 3 4 5 6 7 8 9 10 11 12 13 a 14 So K> .5! ! 15t£ < ro 0 <du. £§ 16 z 5 °- = s|| 17 S | 11 18 S 2 §>£ 4 19 20 21 22 23 24 25 26 27 28 29 30 31 32 t- O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDI- TIONS TENTATIVE MAP (CT 73-46), A 9-UNIT CONDOMINIUM ON .26 ACRES OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BLVD. BETWEEN HEMLOCK AND JUNIPER STREETS. APPLICANT: CHARLES P. BLUTH _ WHEREAS, on the 13th day of November, 1973, the Carlsbad City Planning Commission adopted Resolution No. .989, recommending to the City Council that Tentative Map (CT 73-46) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on the 18th day of December , 1973, considered the recommenda- tion 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 non-significant impact on the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as fol lows: A. That the above recitations are true and correct. B. That Tentative Map (CT 73-46) 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 adjacent properties. 2. Park-in-lieu fees shall be granted to the City prior to approval of the Final Map. 3. The applicant is encouraged to work with the School District to insure that adequate schools will have been made available when needed. 4. In order to provide for reasonable fire protection o o*! i 2 <: o vi • l- <r >- °K O 1 2J 3 4 5 6 7 8 9 10 11 12 13 Q 14 CO €0.1 i 15cc < c>~v° <§fe|5 16 §>•!§5 5 ^ 17 -^sSQ is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 5. 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, free of all liens and encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. Applicant shall replace all full frontage improvements along Carlsbad Blvd. and Hemlock Avenue, in a manner acceptable to the City Engineer. 6. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. 7. The C.C.&R.'s for this development shall be submitted to the Planning Director proval prior to final inspection. for review and ap- restricted access the lines of said The words "access be lettered along 8. The subdivider shall dedicate to the public all rights of ingress and egress from lots abutting upon streets and roads over and across lots abutting said streets and roads rights dedicated to the City" shall the road adjacent to the lots affected on the map proper. Carlsbad Blvd. shall be considered to be a restricted access street in this instance. 9. All proposed pads shall be graded to drain to existing public streets. 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. 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. *** *** *** *** *•*•* *** *** *** *** *** - 2- o 1 2 3 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of December__ 1973, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee NOES: None ABSENT: None AVID M. DUNNE," Mayor ATTEST ^x^O t. V? X^/^~>/s / , __&- J5 / xx /.77 /jj4&fs3s (?.///*('if nnS r- ivn TTX r n r> A M c- '—?»•:/•!-./"*R£yE i/ MA'RGflfREt/E Clerk (Seal ) -3-COPY